October 17, 2007 05:25 PM
Hate Crimes Bill on President's Desk
The hate crimes bill passed in the Senate, 60-39, on Sept. 27 as an attachment to the defense bill.
The amendment, sponsored by Senator Ted Kennedy (D-Massachusetts), would expand hate crime law to include crimes motivated by gender, sexual orientation, or disability of victims. White House spokesman Tim Goeglein says it is "the height of irresponsibility" for senators to tie the hate crimes legislation to an important Pentagon spending bill.
The bill is also called the "Matthew Shepard Act", after a homosexual killed in Wyoming in 1998. Ironically, his killers have admitted that Shepard's "sexual orientation" had nothing to do with the crime, as they were just after money for drugs.
Matt Barber, policy director for cultural issues at Concerned Women for America (CWA), explains that the legislation creates a two-tiered justice system that elevates one class of citizens based on their chosen sexual behavior. "That is, on its face, a violation of the 14th Amendment, which guarantees equal protection under the laws," he notes.
Secondly, he believes, the amendment "creates a situation where Americans' [right to] free speech and freedom of religious expression is in harm's way."
Here are some other points about the "Hate Crimes" bill, gleaned from a column by John W. Whitehead of the Rutherford Institute:
1. The bill is not necessary, as current law already prosecutes such crimes with adequate penalties. Senator Orrin Hatch (R-Utah) stated: “Those who perpetrated the Shepard murder in Wyoming are already sentenced to death or in prison for their lives under state law. There is no evidence that state governments are incapable of prosecuting these crimes or that they are failing to do so.”
2. It has effects reaching far beyond the bill's stated purpose. When it curtails the actions and speech of a few individuals, it ulitmately threatens the constitutional rights of all Americans.
3. The bill also increases greatly the role of the federal government in investigating and prosecuting crimes that previously were under local or state jurisdiction. It opens the door for federal law enforcement officials to crack down on undesirable behavior wherever it occurs, as well as undesirable thoughts.
4. It codifies "thoughts", or "perception", as criminal activity that increases the penalties, and increases federal jurisdiction over other activity that is already covered under existing law.
5. The bill also runs roughshod over the First Amendment, which protects the speech of those who may be perceived as offensive, profane and bigoted. That’s the double-edged sword that is free speech, and it has protected American citizens for over two centuries.
President Bush has promised to veto this legislation, but it may be more difficult for him to keep his promise, since it has been attached to a defense spending bill that he wants passed.
ACTION:
Citizens need to let President Bush know their views on whether an expanded "Hate Crimes" law is desirable or needed.
Contact the White House to let them know your views on whether he should veto "Hate Crimes", even if it is an amendment to a larger piece of legislation that otherwise is desirable.
Call the White House at
202-456-1414 or
202-456-1411
