The murders and subsequent trials brought national and international attention to the desire to amend U.S. hate crime legislation at both the state and federal levels.

[11] They also cited the response to Shepard's murder by many LGBT people, especially youth, who reported going back into the closet, fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation.

§ 245(b)(2)) extends to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally protected activity, like voting or going to school.

Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members.

Some feel these issues, the societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS.

The 2007 bill expanded on the earlier versions by including transgender provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association.

[20] James Dobson, founder of the socially conservative Focus on the Family, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality".

[22] Senator Jim DeMint of South Carolina spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment, and that it would be a step closer to the prosecution of "thought crimes".

[23][24] Four members of the U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy.

Similar legislation was introduced by Sen. Gordon H. Smith (R–OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (S. 2400) on June 14, 2004.

[29] President Bush indicated he might veto the DoD authorization bill if it reached his desk with the hate crimes legislation attached.

During the debate, Rep. Jan Schakowsky (D-IL) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith and would take "an important step" towards a more just society.

)[41] The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership members Judy Biggert (IL), Mary Bono Mack (CA), Joseph Cao (LA), Mike Castle (DE), Charlie Dent (PA), Lincoln Díaz-Balart (FL), Mario Díaz-Balart (FL), Rodney Frelinghuysen (NJ), Jim Gerlach (PA), Mark Kirk (IL), Leonard Lance (NJ), Frank LoBiondo (NJ), Todd Russell Platts (PA), Dave Reichert (WA), and Greg Walden (OR) along with Bill Cassidy (LA), Mike Coffman (CO), and Ileana Ros-Lehtinen (FL).

[42] On April 30, 2009, Rep. Todd Tiahrt (R-KS) compared the bill to the novel Animal Farm and claimed it would harm free speech.

[44][45] Conversely, Rep. Michael Burgess (R-TX) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against the bill.

[52] Reverend Mark Achtemeier of the University of Dubuque Theological Seminary; Janet Langhart, whose play was premiering at the United States Holocaust Museum at the time of the shooting earlier in the month; and Michael Lieberman of the Anti-Defamation League also testified in favor of the bill.

Gail Heriot of the United States Commission on Civil Rights and Brian Walsh of The Heritage Foundation testified in opposition to the bill.

The Soldiers Amendment passed unanimously in the Senate and eventually became 18 USC §1389 after the Matthew Shepherd Act was made law.

The bill won the support of five Republicans: Susan Collins (ME), Dick Lugar (IN), Lisa Murkowski (AK), Olympia Snowe (ME), and George Voinovich (OH).

[57] As originally passed, the House version of the defense bill did not include the hate crimes legislation, requiring the difference to be worked out in a conference committee.

The two men were accused of branding the victim, shaving a swastika into his head, and writing the words "white power" and the acronym "KKK" on his body.

[71] In 2016, for the first time the Justice Department used the Act to bring criminal charges against a person for selecting a victim because of their gender identity.

[72][73] In that case Joshua Brandon Vallum plead guilty to murdering Mercedes Williamson in 2015 because she was transgender, in violation of the Act.

"[74] The Justice Department reported that "[t]his is the first case prosecuted under the Hate Crimes Prevention Act involving a victim targeted because of gender identity.