May 7, 2007
Congress’s ‘Hate Crime’
Against the Constitution
The U.S. House of
Representatives today passed a bill, 237 to 180, that would expand the
definition of "hate crimes" to include gay, lesbian, bisexual, and
transgender people. While this sounds right and noble on its face, and
puts those who would oppose it in the position of appearing to desire or
motivate crimes against these people (which, I'm sure, is quite
deliberate on the part of those offering the bill), the fact is that
this bill could not be a bigger affront to the constitutional principle
and equal protection under law.
And the fact that 237
representatives who have sworn an oath to uphold that document think
this bill comports with it is a far more frightening prospect than any
"hate crime."
The practical effect of
this law, as with all "hate crime" laws, would be to make the punishment
for a violent crime entirely dependent upon the demographic groups to
which the victim happened to belong. This trashes the Fifth and
Fourteenth Amendment in that it punishes criminals differently for
having perpetrated the same crime. Moreover, it does not equally protect
the citizenry; if a murderer knows he'll get less time in jail for
killing me than for my darker-skinned gay female neighbor, he's more
likely to attack me as a result. My life is not worth less (or more)
than my neighbor's, and as such government has no business trying to
draw distinctions between us.
"Hate crime" laws – as
if there is really any such thing as a "love crime" – are really just a
method by which liberals codify their left-wing politically correct
prejudices into law, and then subsequently use them as club to
intimidate into silence, by bludgeoning with empty accusations of
bigotry, any who would stand against their effort. The truth of the
matter is that these same liberals are practicing the very bigotry they
so pompously, if disingenuously, condemn by seeing people only as
members of groups. And in so doing, they are denying rather than
securing to certain individuals the inalienable rights with which their
Creator endowed them. To liberals, I guess some really are more equal
than others.
Simple common sense
defeats the supposed logic behind this bill, on several fronts. First, a
crime is a crime is a crime. The motivation thereof is irrelevant. It is
the behavior that matters. You punish those convicted of the same crime
with the same penalty because they did the same thing, and in so
doing equitably protect the public to the best of your ability. Second,
all of the behavior referenced in this bill is already illegal in all 50
states. It is therefore both completely unnecessary and an illegal
federal intrusion into state and local jurisdiction. Last, trying to
establish degrees of crime based on what the criminal was thinking not
only erodes moral culpability for one's own actions but smacks of
Orwellian totalitarianism. This might be a more real threat than it
seems, given the extent to which this could be used as a trojan horse to
silence Christians and others of faith who speak and preach against
homosexuality as "promoting hate." In that respect, this bill violates
the First Amendment as well. And when 237 representatives have already
trashed two amendments in one bill, don't bet they won't try for three.
Even the name of the
bill demonstrates how ludicrous it is: "The Local Law Enforcement Hate
Crimes Prevention Act of 2007." If it's local, why is Congress passing
it and forcing illegitimate federal law on top of the state prohibitions
already in place? And as opposed to crimes motivated by love or
jealously or neglect? And finally, the only way to definitively prevent
a crime is to carry a concealed firearm on your person. No legislation
ever has or will prevent a determined criminal from committing his
heinous act. (Congressional magic-wand-waving notwithstanding.)
So, other than not
being local and not preventing anything, and other than the fact that
there's no such thing as a "hate crime," the title is right on target.
Now if only we could actually scare up the nerve to impeach congressmen
for constitutional hate crimes . . .
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