My point was not that it was a crime against the dummy but rather am attack against a group of people for their beliefs. Personally I think hate crime legislation is bad policy since it elevates one class of "victim" over another but since the laws are on the books, they should apply to ALL groups and what better way to demonstrate the problem with hate crime laws than the case of the
tortured Santa. That is right, tortured. If you don't like the veiled slap at Christian traditions, then how about claiming the bound Santa is mocking the Muslim detainees in the CIA's secret prisions?
Further, we might agree that Santa is not a primary religious symbol of Christianity but I would argue that Santa Claus IS a symbol of Christians and an important part of the Christmas celebration by a large majority of Christians, however far removed from the "true" meaining of Christmas you might argue.
What I'm saying is, whether you approve of hate crime legislation or not, this couldn't possibly be a hate crime no matter the size, shape, color or content of the dummy.
For something to be a hate crime, a crime has to be committed. No crime is being committed.