Tuesday, April 3, 2007

Facts about hate crimes bill

On Crosswalk.com, Michael Craven is described as "Author, Speaker, Founding Director of the Center for Christ & Culture". His article, however, doesn't seem very Christian to me.

He writes,
Today, legislators in the House of Representatives are pushing for a “discharge petition” to force a vote on the Local Law Enforcement Hate Crimes Prevention Act of 2001, (LLEHCPA), H.R. 1343, another federal Hate Crimes bill that would add “sexual orientation, gender, gender identity and disability” to current hate crimes law. Introduced by Reps. John Conyers (D-MI) and Mark Kirk (R-IL), this one has more than 100 cosponsors. LLEHCPA would authorize the Justice Department to conduct local law enforcement hate crimes training, and to conduct expanded hate crimes investigations and prosecutions.
So, let's start with some simple housekeeping: I think he has made some errors here. HR 1343 is the "Health Centers Renewal Act of 2007", which has nothing to do with hate crimes. And, I don't think a current bill in the House of Representatives would be titled with "2001". The House web site doens't list a bill by that title, but it does list HR 1592, "Local Law Enforcement Hate Crimes Prevention Act of 2007", with those sponsors Mr. Craven lists, so I'm going to operate under the belief that Mr. Craven has somehow got the numbers mixed up.

He continues,
This legislation will ban alleged discrimination based on sexual orientation, whether actual or perceived, as well as “gender,” which include the categories of transgender, cross-dresser, or transvestite.
Uh, no. It bans violent crimes. You can't ban alleged anything, only actual crimes. But that's not the half of it. Mr. Craven claims,
The purpose of “hate crimes” legislation, in this instance, is to apply this preemptive aspect mentioned above, in order to render any speech opposing the legitimacy and promotion of homosexuality illegal, because such speech or even expressed thoughts constitute “hate.” Thus it inhibits the rights of those who resist the imposition of homosexual morality to disagree and brings the power of the state to bear on those who do.
Of course, that's 100% factually false in every way. First of all, as Mr. Craven himself points out in the very same article, banning speech in the US is unconstitutional, so a law can't do that. Further, the actual text of HR 1592 very clearly spells out that it is only applicable to cases of violent crime:
`Sec. 249. Hate crime acts

`(a) In General-
`(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law , willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
`(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
`(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
`(i) death results from the offense; or
`(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
`(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
`(A) IN GENERAL- Whoever, whether or not acting under color of law , in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
`(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
`(I) death results from the offense; or
`(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.


So, first of all, it's my opinion that Mr. Craven is bearing false witness about the actual text and purpose of the bill. Further, I question whether a real Christian would be attempting to claim that a bill with the exclusive purpose of prohibiting extremely violent crimes would violate the rights of those who "resist the imposition of homosexual morality". What sort of resistance is Mr. Craven trying to protect, anyway? Can he seriously claim that Christians should want the right to use firearms and incendiary devices against gay people? But apparently that's exactly what he's trying to get you to defend, since he writes,
I urge you to contact your representatives today and voice your opposition to this destructive legislation.
It's destructive to ban violent crimes against gay people? I think Mr. Craven has a very un-christian agenda.

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