Published: June 19, 2009 10:28 pm      

Why I support hate crimes legislation

EDMOND — On June 12, The Edmond Sun published a story detailing local pastor Paul Blair’s efforts in opposition to H.R. 1913 — commonly called the Matthew Shepard Act — which passed the U.S. House of Representatives on a 249-175 vote and is currently being considered by the Senate Judiciary Committee. Unfortunately, many of the claims made by Blair, and other opponents of the bill, are just not true.

H.R. 1913 would extend current federal hate crimes law to include violent crimes where the victim was selected because of their sexual orientation, gender, gender identity or disability. Current law already covers crimes committed because of the victim’s race, color, religion or national identity. With this new legislation, the Justice Department would be empowered to investigate and prosecute (or assist in the investigation and prosecution) of violent attacks against gay, lesbian, and transgender Americans.

In a recent sermon titled “The Criminalization of Christianity,” (which can be viewed online) Blair lays out three common arguments against the bill. First, Blair argues, the bill would provide Constitutional protection for what some consider objectionable behavior. For example, Blair states: “So when some 16-year old boy at your local high school wants to use the girls’ restroom that day at your daughter’s high school, then he has to be Constitutionally allowed to do so if he feels like he’s a girl that day.”

More seriously, Blair charges that pedophilia would be a protected act under this law, raising the specter that pedophiles will be free to engage in their despicable acts. But this is simply not true. Despite the protestations from Blair, H.R. 1913 does not encourage or protect any behavior. Instead, the goal of this hate crimes legislation is to stop violent acts committed against law-abiding gay, lesbian and transgender people. To put it simply, this bill does not allow pedophiles to harm children. This bill does not allow teenage boys to wander into girls’ restrooms. But if someone wants to violently attack a gay, lesbian or transgender person just because of who they are, this bill will make it easier to investigate, prosecute and punish those hateful actions.

Second, some H.R. 1913 opponents, including Blair, believe that the bill is unconstitutional because it limits his right to preach his beliefs about homosexuality. Specifically, Blair states, “This bill clearly violates a pastor’s, or any other Christian’s, ability to preach the Bible.” Blair even promises that in the event the bill becomes law, he will preach about “the sin of homosexuality” on that first Sunday after the bill becomes law.

And guess what the government’s response will be when he does? Absolutely nothing.

You see, there is nothing in this bill that impinges on his rights to express his opinions. In fact, Section 8 of the bill states, “Nothing in this act … shall be construed to prohibit any expressive conduct from legal prohibition by … the Constitution.” In other words, as much as I as an evangelical Christian prefer pastors to preach about the beauty of God’s love than the ugliness of some hate, Blair will continue to have the right to preach his views on the Bible.

Finally, some H.R. 1913 opponents, including U.S. Rep. Mary Fallin argue against the bill because they perceive that it creates a special class of citizens who are more protected than others. While certainly a more logical objection than the others commonly raised, this is not an accurate perception of hate-crimes bills.

When someone commits an assault against someone, then it is clearly a crime that should be punished. But if someone assaults another person simply because of that person’s race, or sexual orientation, then they not only have attacked that person, they have also attacked the ideals on which this nation is founded.

The Declaration of Independence states that “all men are created equal.” Yet the perpetrators of hate crimes — those who attack others simply because they look a little different, act a little different or think a little different — those hateful people do not embrace this ideal. Instead, perpetrators of hate crimes think their victims are inferior, undeserving of the inalienable rights that we hold to be self-evident. Consequently when these hateful people attack a person simply because they are different, they are undermining our values, they are undermining our principles and they are undermining our liberties. As a result, they should face tougher punishment.

We, more than most any other nation in the world, celebrate our diversity. We know that the diversity of our ancestors, the diversity of our attitudes and the diversity of our actions, are not a weakness, but are the source of our greatest strength. H.R. 1913 will help protect that diversity, and therefore help protect our strength, thereby ensuring that all Americans will be able to enjoy the God-given rights to Life, Liberty and the Pursuit of Happiness.

MICKEY HEPNER is an associate professor of economics at the University of Central Oklahoma.