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Expand hate-crimes law: Smith, Kennedy sponsor bill enlarging protections
The Register Guard ^ | 11 June 02 | A Register Guard Editorial

Posted on 06/11/2002 3:30:08 PM PDT by Glutton

Expand hate-crimes law: Smith, Kennedy sponsor bill enlarging protections

A Register-Guard Editorial 

 

Recommend this story to others.

 
Cynics will no doubt accuse Sen. Gordon Smith of election-year opportunism for co-sponsoring, along with Sen. Edward Kennedy, D-Mass., legislation that would expand the federal law on hate crimes to cover violence against gays and lesbians.

They'll be wrong.

It was more than two years ago after the brutal murder of Matthew Shepard, a gay Wyoming college student, that Smith became one of a handful of congressional Republicans to champion an amendment adding violence motivated by gender, sexual orientation and disability to the roster of federal hate crimes. "We just need to be big enough in our hearts, our laws and our minds to be concerned about people who are vulnerable," Smith said at the time.

He was right. So was President Bush when he reminded the nation after Sept. 11 that hate crimes have no place in America today. That's true whether it's Muslims who are being attacked because of their religion, race or national origin, or gays and lesbians who are being attacked because their sexual orientation.

Under the current hate crimes law, the federal government can prosecute hate crimes only in cases where the victim was engaged in a federally protected activity, such as voting, or if the crime occurred on federal property. The new bill would remove those limitations and allow federal investigators and prosecutors to pursue hate crimes wherever they occur, and under whatever circumstances.

The current 34-year-old law also allows only race, color, religion or national origin to be the basis of a federal hate-crime case. The Smith-Kennedy bill would expand the ability of federal law enforcement agencies to investigate violent crimes motivated by actual or perceived sexual orientation, gender and disability.

The bill is expected to come up for a vote this week. With Smith's support, the bill appears likely to pass in the Democratic-controlled Senate, as it has two times already, only to be blocked in the Republican controlled House. This time Congress should heed the president's post-Sept. 11 exhortation and approve the hate crimes bill.

Opponents argue that the bill gives gays and lesbians special rights and isn't needed. But that ignores the hard reality that gays remain the third-largest hate crime victim group and that they were the target of 16 percent of all hate crimes in 2000.

Opponents also argue that hate crimes legislation criminalizes socially unacceptable beliefs and ultimately punishes people for what they think. But hate crime laws don't criminalize socially unacceptable beliefs; they increase the penalties for crimes committed out of those beliefs.

The Kennedy-Smith bill would do nothing to infringe on the right of Americans to think the most vile and despicable thoughts about gays and lesbians, blacks, Arabs, Jews - or any other subgroup of society. But when it can clearly be established that extreme views caused an assault or killing, then the new law would make it a matter of established motive - and motive has long been accepted as a determining factor in meting punishment.

Hate crimes legislation recognizes the difference between crimes against individuals and crimes intended to terrorize an entire group of people, whether it's gays or people with disabilities. The Smith-Kennedy bill should be approved by both the Senate and House with no further delay.

As Smith observed this week: "I would say to folks on my side, this should not be a Republican-Democrat issue. This is an issue of the heart."


Copyright © 2002 The Register-Guard



TOPICS: Editorial; News/Current Events; Politics/Elections
KEYWORDS: federallaw; hatecrimelaw

1 posted on 06/11/2002 3:30:09 PM PDT by Glutton
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To: Glutton
This is an issue of the heart

My heart tells me that this is a Trojan Horse.

2 posted on 06/11/2002 3:40:26 PM PDT by Raymond Hendrix
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3 posted on 06/11/2002 3:40:55 PM PDT by Mo1
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To: Glutton
A crime is a crime.

The only allowance I'd make for any kind of hate crime legislation is under a circumstance where a judge would rule something to the effect of "since the victim was (fill in your favorite victim group) I can understand why the perpetrator attacked him. He gets a light sentence."

And that rarely happens, doesn't it?

4 posted on 06/11/2002 3:41:01 PM PDT by GSWarrior
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Comment #5 Removed by Moderator

To: GSWarrior
This issue is a walk on the razor's edge for this young Republican senator. Smith has to broaden his appeal to Oregon's Democratic mainstream, and this is likely why he positions himself here.

It's not a stance I would expect from him otherwise.

6 posted on 06/11/2002 3:45:00 PM PDT by Glutton
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To: Glutton
"This is an issue of the heart."

What a watery puke this Smith person is.

So that's what they call a Republican, eh?

And these guys are gonna do better than than the other morons. Right!

7 posted on 06/11/2002 3:45:16 PM PDT by headsonpikes
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To: headsonpikes
He is a Mormon, and has a good working relationship with Democratic Senator Ron Wyden. This is helpful for Smith as this keeps Wyden out of the frey and away from the Bradbury camp.

Smith is a Republican who has to survive politically in Oregon. That is mainly why he is like he is politically.

8 posted on 06/11/2002 3:49:59 PM PDT by Glutton
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To: all
A message from Jim Robinson regarding the fundraiser!
9 posted on 06/11/2002 4:57:39 PM PDT by WIMom
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To: Glutton
As Smith observed this week: "I would say to folks on my side, this should not be a Republican-Democrat issue. This is an issue of the heart."

This is an issue about over-reaching Government. You will not find any Constitutional justification for this. You will not find any moral justification for singling out these sentiments as aggravating crime, when other negative sentiments do not. You will not find any compassionate--of the heart--reason for this venture into implicit thought control.

This sort of gamesmanship is what makes our youth more and more cynical. It is this pretense of protecting rights, when you are really diminishing freedom, that discourages many from public service. Even worse, it confuses perceptions of the nature of our unique form of Government; creating a fog that obfuscates the wonderful symmetry of legacy no longer widely understood.

William Flax Return Of The Gods Web Site

10 posted on 06/11/2002 5:08:56 PM PDT by Ohioan
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To: Raymond Hendrix
A Republican needing to tout compassion? I don't exactly see why I should be labeled a hater for disagreeing with the contention homosexuality is as normal a sexual preference as every one else's.
11 posted on 06/11/2002 6:02:47 PM PDT by goldstategop
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To: Glutton
This one bit the dust today.

Hate Crimes Bill Dealt a Setback

WASHINGTON.- Senate Republicans blocked action on a hate crimes measure Tuesday, refusing to cut off debate on a bill that would make a federal crime of violent attacks prompted by victims' sexual orientation or disabilities.

Democrats, pushing the measure in an election year, said they would try again.

You can read the rest at:

http://www.lasvegassun.com/sunbin/stories/bw-cong/2002/jun/11/061101954.html

12 posted on 06/11/2002 6:12:12 PM PDT by jackbill
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To: Glutton
Hate crimes legislation recognizes the difference between crimes against individuals and crimes intended to terrorize an entire group of people, whether it's gays or people with disabilities.

EXACTLY! And while we're at it, let's outlaw "hate speech," too. After all, the pen is mightier than the sword and words can terrorize just like the fist. So anyone who says anything hateful about gays or minorities or people with disabilities needs to be punished!

And since we all know that children must be taught to hate, let's make it a crime to teach children that homosexuality is bad. A parent who teaches his or her child to hate is performing the most disgusting form of child abuse there is. Take the child away until the parent has successfully undergone re-education camp.

13 posted on 06/11/2002 6:22:29 PM PDT by Arleigh
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To: Arleigh
Yup, more pithely expressed as "homosexuals good, heterosexuals bad."
14 posted on 06/11/2002 6:24:58 PM PDT by goldstategop
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To: Glutton
My observation--when any member of a victim group like gays,blacks, etc. commit a "hate"crime--on "whitey" because they hate white people, and sometimes even yell racial epithets as they do the deed-the killing of a young white boy last year in (VA-?);homosexuals when they commit a "hate" crime as two did in killing the 13 year old boy shortly afte the Shepherd case--the media yawns and the police look the other way. I hate hate crime legislation. It is a pass for these people.

I also simply do not buy the statistic quoted that 16% of hate crimes are against homosexuals. Look below the surface and you often find risky behavior was the cause. Often the victim was placing him/herself at risk by being in the wrong environment at the wrong time.

vaudine

15 posted on 06/11/2002 7:46:40 PM PDT by vaudine
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To: Glutton
Folks, a crime is a crime. Do the estemmed senators( as well as the Justices) forget that on the entrance to the Supreme Court, it reads:

EQUAL PROTECTION UNDER THE LAW Not "Gays got more rights than straights!"

16 posted on 06/11/2002 8:05:15 PM PDT by texson66
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To: Glutton
"That is mainly why he is what he is politically."

I'll take your word for it. Unfortunately, that's substantially the complaint. ;^)

17 posted on 06/12/2002 7:23:57 AM PDT by headsonpikes
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