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Hate Crime Bill or “Thought Crime” Bill?

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How the Hate Crime Legislation could be an Infringement of Free Speech and Religion.

On Wednesday, April 22, the House Judiciary Committee is scheduled to vote on so-called "hate crimes" legislation, which would give "sexual orientation" and "gender identity" the same federal protection as race.  If enacted, it would provide federal assistance to state and local law enforcement to prosecute hate crimes. It would also authorize the federal government to investigate crimes where the victim was targeted because he or she belongs to one of the protected groups.

Hate Crime Bill or “Thought Crime” Bill?Rep. John Conyers (D-MI) and Rep. Mark Kirk (R-IL) have reintroduced the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913). The earlier plan died when President George W. Bush threatened a veto, describing the idea as unneeded and probably unconstitutional.  However, Barack Obama's White House website affirms his dedication to strengthening "federal hate crimes legislation" and expanding "hate crimes protection."

Hate crimes laws are actually "thought crimes" laws that violate the right to freedom of speech and of conscience. Hate crimes laws will have a chilling effect on people who have moral or religious objections to homosexual behavior. Evidence of a person’s beliefs will be used against any individuals who are even suspected of criminal activity.

Let me say this, crime against any person is evil and should be prosecuted, but the H.R. 1913 is not just about stopping crime, it is also drafted to give sexual preference equal legal status as race under federal law. This legislation could be interpreted as a gay bill to inhibit the speech of those who support traditional family values. Bill sponsors claim that free speech activities are protected in this version of the bill, but exemptions can be overturned by courts or targeted for later removal.

Although many supporters of the bill argue that it contains language that would prevent it from infringing upon First Amendment rights, in a debate, Rep. Artur Davis, who supported a similar bill, admitted that a minister could be charged with the hate crime of incitement for preaching that homosexuality is a sin, if a congregant later committed a crime against a homosexual.

In a statement to the bulletin, Catholic League President Bill Donohue noted "The idea of being prosecuted for reading Scripture may seem delirious, but it is just as crazy to think it couldn’t happen. The problem in general with hate crimes legislation is that it invites the government to probe way beyond motive. And in instances like this, it trespasses on free speech and religious liberty. This is a road no defender of liberty should ever want to go down."

Hate crimes laws are unnecessary, as criminal laws already provide criminal penalties for the violent crimes. Additional penalties will subject individuals to scrutiny of their beliefs, rather than focusing on a person’s criminal actions, and will do nothing to prevent crime.

According to the website for Christian Anti-Defamation Commission, "One of the gravest threats to religious liberty and freedom of speech is proposed hate crime legislation. Even while national attention is focused is on the economy and Obama’s radical economic and foreign policy, the far left is at work undermining our First Amendment rights at home with hate crime legislation." It goes on to say, "Now we are on the verge of passing Federal hate crime laws that will be used to silence believers like in Canada, Europe and Australia. No more will your pastor be able to declare the truth about Islam or homosexuality because it will be considered a hate crime."

Matt Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law stated, "Hate crimes laws that include sexual orientation are a bad idea, because they elevate homosexuality to the same status as race and do nothing to prevent violent crimes. All crimes are motivated by hate. Hate crimes laws will not be used to punish the perpetrators but will be used to silence people of faith, religious groups, clergy, and those who support traditional moral values."

The Liberty Counsel urges you to express your opposition to this outrageous Hate Crimes bill (H.R. 1913) by:

  1. Contacting the members of the House Committee on the Judiciary.
  2. Contacting your Representative. All you need to do is call the capitol switchboard and ask to be connected to your Representative. The capitol has many toll-free numbers: 1-866-220-0044; 1-866-340-9281; 1-888-355-3588; 1-800-450-8293; 1-877-851-6437; 1-877-762-8722; 1-877-762-8762; 1-800-833-6354; and 1-866-808-0065.

You can also call 202-224-3121 or go to the House web site for the contact information.

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