Matt Collins
04-29-2009, 10:18 AM
From the Eagle Forum:
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The 'Hate Crimes' bill (H.R. 1913), is expected to be voted on soon....
Details surrounding current Hate Crimes legislation in Congress:
* H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009.
* Introduced by Rep. John Conyers (D-MI) on April 20, 2009.
* 81 current co-sponsors.
* The bill was voted out of House Judiciary Committee 15-12.
* TN Cong. Steve Cohen D-Memphis is one of the Cosponsors.
* Some history: The last time Congress considered hate crimes, the bill number was H.R. 1592, which passed by a vote of 237-180 on May 3, 2007 (Roll Call 299).
What does the bill do?
* Makes hate crimes (a crime in which the victim is intentionally selected based on his or her race, religion, ethnicity, gender, etc.) a federal offense.
* Adds “sexual orientation” and “gender identity” as protected classes to the U.S. criminal code (Title 18).
* Mandates federal criminal prosecution for stateoffenses, with the possibility of life imprisonment, for crimes motivated by the “actual or perceived race, color, religion, national origin, gender sexual orientation, gender identity, or disability of any person.”
What is wrong with all of this?
* H.R. 1913 is a dangerous and unprecedented proposal, which will transform the criminal justice system and threaten religious liberty. It is both unnecessary and unconstitutional!
Why is this bill unconstitutional?
* Violates both the 1st and 14th Amendments by infringing upon these constitutional guarantees:
o Freedom of speech—aims to silence and punish all opposing viewpoints
+ For example, this bill requires criminal investigations to probe if a crime occurred “because of” bias towards a protected group, and opens the door to criminal investigations of a suspect’s philosophical beliefs, politics, biases, religion, activities, and past statements (i.e. saying that you may disagree with homosexuality)
o Equal Protection Under the Law—grants more government protection to certain classes of people
+ Creates unequal treatment of victims by treating crimes against protected groups more seriously than non-protected groups (e.g. the murder of a homosexual victim will be treated more seriously than a heterosexual victim)
o Religious Expression—targets faith groups, specifically Christians, who hold traditional beliefs on homosexuality
+ Threatens religious leaders and groups with a criminal prosecution and investigations into a suspect’s thoughts, beliefs and statements.
+ For example, if a minister were to give a sermon, stating that homosexuality is morally wrong, and a member of that congregation later goes out and murders a gay person, the motivation for that murder could be traced back to the minister’s remarks.
Why is it unnecessary?
* The underlying offense (whether it be murder, assault, etc.) is already fully and aggressively prosecuted in all 50 states.
* FBI statistics show that the incidence of hate crimes has actually decreased over the last ten years.
o Less than 17% of all law enforcement agencies reported a single hate crime in 2005.
* We just need strict enforcement of existing laws!!
Conclusions:
* All violent crimes are hate crimes and all violent criminals should be severely punished.
* Elevating particular groups of victims above others is not the answer to decreasing crime in America.
* We must enforce existing laws so that all violent criminals know they will pay for their actions.
_______________________________
The 'Hate Crimes' bill (H.R. 1913), is expected to be voted on soon....
Details surrounding current Hate Crimes legislation in Congress:
* H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009.
* Introduced by Rep. John Conyers (D-MI) on April 20, 2009.
* 81 current co-sponsors.
* The bill was voted out of House Judiciary Committee 15-12.
* TN Cong. Steve Cohen D-Memphis is one of the Cosponsors.
* Some history: The last time Congress considered hate crimes, the bill number was H.R. 1592, which passed by a vote of 237-180 on May 3, 2007 (Roll Call 299).
What does the bill do?
* Makes hate crimes (a crime in which the victim is intentionally selected based on his or her race, religion, ethnicity, gender, etc.) a federal offense.
* Adds “sexual orientation” and “gender identity” as protected classes to the U.S. criminal code (Title 18).
* Mandates federal criminal prosecution for stateoffenses, with the possibility of life imprisonment, for crimes motivated by the “actual or perceived race, color, religion, national origin, gender sexual orientation, gender identity, or disability of any person.”
What is wrong with all of this?
* H.R. 1913 is a dangerous and unprecedented proposal, which will transform the criminal justice system and threaten religious liberty. It is both unnecessary and unconstitutional!
Why is this bill unconstitutional?
* Violates both the 1st and 14th Amendments by infringing upon these constitutional guarantees:
o Freedom of speech—aims to silence and punish all opposing viewpoints
+ For example, this bill requires criminal investigations to probe if a crime occurred “because of” bias towards a protected group, and opens the door to criminal investigations of a suspect’s philosophical beliefs, politics, biases, religion, activities, and past statements (i.e. saying that you may disagree with homosexuality)
o Equal Protection Under the Law—grants more government protection to certain classes of people
+ Creates unequal treatment of victims by treating crimes against protected groups more seriously than non-protected groups (e.g. the murder of a homosexual victim will be treated more seriously than a heterosexual victim)
o Religious Expression—targets faith groups, specifically Christians, who hold traditional beliefs on homosexuality
+ Threatens religious leaders and groups with a criminal prosecution and investigations into a suspect’s thoughts, beliefs and statements.
+ For example, if a minister were to give a sermon, stating that homosexuality is morally wrong, and a member of that congregation later goes out and murders a gay person, the motivation for that murder could be traced back to the minister’s remarks.
Why is it unnecessary?
* The underlying offense (whether it be murder, assault, etc.) is already fully and aggressively prosecuted in all 50 states.
* FBI statistics show that the incidence of hate crimes has actually decreased over the last ten years.
o Less than 17% of all law enforcement agencies reported a single hate crime in 2005.
* We just need strict enforcement of existing laws!!
Conclusions:
* All violent crimes are hate crimes and all violent criminals should be severely punished.
* Elevating particular groups of victims above others is not the answer to decreasing crime in America.
* We must enforce existing laws so that all violent criminals know they will pay for their actions.