Commentary - August 2009

Hate Crime Prevention Act

Preventing Equal Justice

by Lyle E. Brennan

    It sounds like just another piece of “feel-good” legislation, but don’t let the name fool you. The Local Law Enforcement Hate Crimes Prevention Act (Senate Bill 909) is not as innocent as the name suggests. If passed, it would present a very real constitutional problem, as well as allowing even more federal intrusion into our lives.

    Another name for this legislation is The Matthew Shepard Hate Crimes Prevention Act, named after the gay Wyoming college student who was beaten to death in 1998. Shepard’s murder brought national attention to the issue of so-called “hate crime” legislation, with gay rights activists claiming that homosexuals needed more legal protection. Their support of liberal Democrats in the last election suggests that the Democrat-majority Congress will bow to their wishes.

    The current definition of a “hate crime” includes crimes motivated by a victim’s actual or perceived race, color, religion, national origin, gender or disability. Those convicted of hate crimes have an additional 10 years behind bars added to their sentence. S.B. 909 would add the words “sexual orientation” and “gender identity” to the list.

    When the legislation was first introduced in the House of Representatives, amendments were proposed that would add pregnant women, unborn children, veterans and senior citizens to the list of those protected by the bill. Other amendments sought to exclude such “sexual orientation” categories as pedophiles who prey on children. The real intention of those promoting this bill became clear when all these amendments were voted down. The progressive, pro-gay steamroller rolled on through the House and made its way to the Senate.

    What’s wrong with this bill? First of all, there’s the small matter of constitutionality. The 14th Amendment guarantees equal protection under the law for all citizens. By creating a separate punishment system that only applies to certain victims, the original hate crime legislation passed in the 1990s violates the Constitution, and this bill just makes it worse. If a 90 year-old straight woman is murdered by a burglar, her attacker should get the same sentence as a thief who kills a 30 year-old gay person -- not 10 years less. One victim’s case shouldn’t get preferential treatment over the others.

    In addition, S.B. 909 gives our federal tax dollars to local and state agencies to assist in prosecuting hate crimes. This will encourage prosecutors to look for reasons to turn any violation into a “hate crime” so they can receive federal money. Was a gay person’s car hijacked? Hate crime! Was a transgender person mugged in the park? Hate crime! As we all know, federal dollars always have strings attached. This just gives the feds another way to influence local politics and violate states’ rights.

    Finally, the bill declares that, “nothing in this Act shall be construed to prohibit the exercise of constitutionally-protected free speech.” Maybe not yet. But the “politically correct police” have more power now than ever before, and this bill increases that power to a dangerous level. If child molesters receive preferential treatment under the law, and I speak out against them, will someone come knocking on my door in the middle of the night? If my church teaches that marriage is between a man and woman, will it lose its tax-exempt status? Don’t think it couldn’t happen. This bill is just the first salvo in a carefully orchestrated war against traditional values. It’s time for us to hold the line.

    As we go to press, S.B. 909 is still being considered. If it has not passed by the time you read this, please encourage your Senator to vote against it. The only thing this “prevention act” prevents is equal justice under the law.

Lyle E. Brennan Publisher
COMMENTS? email: lyle@nbj.com