> How can you pass legislation that punishes a person based on how he/she felt at the time of the crime?
That’s easy, and the Courts do it all the time. Establishing “intent” makes the difference between Manslaughter and Murder.
NOTE: I’m not in favor of Hate Crime legislation. I’m merely answering your question.
“Intent” is not a feeling. It is a choice, an intention. Big difference.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
It sure seems they are creating a "non-equal" class of citizens with this legislation. Where are they protecting citizens to peaceably practice their religion?