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#1 (permalink) |
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Registered User
Join Date: Apr 2007
Location: Jacksonville, Florida
Posts: 2,782
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Why Hate Crimes Bill May Be Doomed
The House voted Thursday to make it a federal crime to assault people because of their sexual orientation, significantly expanding the U.S. hate crimes law enacted in the days after the 1968 assassination of civil rights leader Martin Luther King Jr. The Senate is expected to pass the bill, allowing federal prosecutors for the first time to intervene in cases of violence perpetrated against gays. For more on this story, click here.
The House has now rammed through a provision making it a hate crime to target gays. Should this provision become law, it’s on shaky constitutional ground, though not for the reason most people expect. The House attempted yet again to move a perennial pet project of Speaker Nancy Pelosi and Judiciary Committee Chairman John Conyers: making it a federal crime to target a homosexual for violence. Only this time they succeeded. They attached this bill as an amendment to the Fiscal Year 2010 Defense Authorizations Act, shamelessly cramming this social-issue measure onto the legislation that enables our troops in battle to get funding for weapons and supplies. This bill also includes some feel good language, saying that it shall not be construed to penalize any constitutionally protected speech or religious belief. Well, no kidding. It goes without saying that no federal statute can override the Constitution, that any attempt to do so is automatically null and void and completely unenforceable in court. Those feel good words carry absolutely no legal force, since they simply state a truism that every court in the land automatically applies. They just provide those supporting this bill with some political cover to tell constituents, “Look, I made sure everyone’s First Amendment rights are protected here.” Religious Americans and conservatives, however, should derive little comfort from these vacuous assurances. Now that there is a good chance that this provision will become law shortly, the question arises: Is this hate crimes provision unconstitutional? Why Hate Crimes Bill May Be Doomed - FOXNews.com |
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#2 (permalink) |
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DOMESTIC DISSENT HUNTER
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The hate crime law is constitution is only if you are trying to assault or violence against gay people because of their sex orientation, just like you want beat black lady up because she is black so it is part of hate crime but for any racist or bigot word shouldn't be charge with hate crime law unless you are violence or assault against them because of sex orientation.
Now, anyone who commit like that would receive severe punishment, equal to person who assault against black people because they are black. It is not okay to assault against gay people because of sex orientation.
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#3 (permalink) |
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DOMESTIC DISSENT HUNTER
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There's good example of link, just read.
Police: New York man beaten for being gay - CNN.com
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#4 (permalink) |
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Premium Member
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It's not right to assault any person for any reason.
If someone physically attacks any person for any reason he or she should be arrested and prosecuted. It shouldn't matter whether or not the attacker "hates" the victim. People can be legally prosecuted for their actions, not their "feelings." |
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#5 (permalink) |
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bloody phreak from hell
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Hate crime or not, any kind of crime is still a crime.
Kinda pointless to make a law on something that's already a law. "It's a crime to hit another person." Duh! You shouldn't be hitting that person in the first place! "It's a crime to hit another person because he's gay." Duh again! Gay or not, you still shouldn't be hitting that person in the first place!
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#7 (permalink) | |
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The Deaf Cougar
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#8 (permalink) | |
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DOMESTIC DISSENT HUNTER
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Hate crime need include homosexual that give judge to fair justice, such as death penalty for killing gay people instead of give prison for short time. I have ask my friend and see if need more sources and will post back later. Many people don't understand about complicated of hate crime law.
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#10 (permalink) | |
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DOMESTIC DISSENT HUNTER
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#12 (permalink) |
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YOU DOMESTIC DISSENT!
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your response (which sounds cold to some) sparkled a curiosity in me. I'm doing a little research on "Hate Crime" law to compare it with assault charge.
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#14 (permalink) |
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Registered User
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Crimes require a certain intent (called mens rea). For example, 1st degree requires premeditated intent to kill, while vehicular homicide requires reckless disregard for the safety of others (criminal negligence). The hate crimes merely require additional intent--the intent to harm someone based on their race or sexual orientation. Evidence of this intent is required for a conviction as a hate crime, and if it does not exist, then it would be an ordinary murder or assault.
Free speech has always had its limits. You don't have the right to free speech on private property (e.g., the mall). Government can impose reasonable limits on time and place. There's a course on first amendment rights and it's a complicated subject. Constitutional scholars agree that hate crimes are constitutional. I don't know why anyone would support targeting some one because of their race or sexual orientation. Some people do believe that gay people should be punished. Some people believe that a lot of people should be punished for a lot of reasons. What if some one decides that I belong in the category of people who deserve to be punished for some reason?
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#15 (permalink) |
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Sci Fi Fan
Join Date: Feb 2008
Location: Indiana
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It's been my observation that hate crimes is geared more towards gays and people of color, but few have I ever heard people of color commit a hate crime against a white person or person of the opposite color for that matter (i.e. Black against Asian, hispanics, and vice versa, or take any combination, but the low denominator is (insert color against a white person) rarely mentioned on the news (or purposely omitted, which makes me wonder what the actual statics are)
Also very few cases I hear about is religious hate crime in America, but happens often overseas, particularly in the middle east. So when it comes to prosecuting someone of a hate crime, what are the statics then? Mostly against white people? How often is a case when a non-white person is prosecuted for the same said charge? Yiz |
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#16 (permalink) | |
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Registered User
Join Date: Jun 2006
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#17 (permalink) |
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Registered User
Join Date: Jun 2009
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Crimes are generally a state matter. If you want to know the stats for your particular state, you can find it online. Here are the stats for my state:
http://www.txdps.state.tx.us/crimereports/07/citch6.pdf
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#18 (permalink) | |
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Registered User
Join Date: Oct 2007
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there were hate crimes committing by black people against white people in LA and TX. Fox News reported them and the other networks ABC, NBC, CBS and CNN didn't report them. One did months later.
Gay people attacked straight people, vice versa. Honor killing is a hate crime, but rarely prosecuted as ordered by the political appointees in DOJ for fear of hurting the Muslim voters. no one is immune. Quote:
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#19 (permalink) | |
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Registered User
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They are known for telling less than the truth, and for distorting stories. If the big reputable news agencies didn't report it, and Fox was the only one reporting it, I wouldn't put much faith in it being true.Honor killings aren't technically hate crimes. Those are religiously based crimes, not based on hate of the individual, but on their behavior that is contrary to religious teaching. A hate crime is a crime perpetrated against another just because of the color of their skin or their sexual orientation, and no other reason. |
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#20 (permalink) |
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Thinking outside the box
Join Date: Oct 2006
Location: Trapped in a box
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Good old FOX news. Perhaps they tried to "amp up" the crowd before they gave the report?
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#21 (permalink) |
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DOMESTIC DISSENT HUNTER
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WASHINGTON (CNN) -- The Senate passed groundbreaking legislation Thursday that would make it a federal crime to assault an individual because of his or her sexual orientation or gender identity.
The expanded federal hate crimes law now goes to President Obama's desk. Obama has pledged to sign the measure, which was added to a $680 billion defense authorization bill. President George W. Bush had threatened to veto a similar measure. The bill is named for Matthew Shepard, a gay Wyoming teenager who died after being kidnapped and severely beaten in October 1998, and James Byrd Jr., an African-American man dragged to death in Texas the same year. "Knowing that the president will sign it, unlike his predecessor, has made all the hard work this year to pass it worthwhile," said Judy Shepard, board president of the Matthew Shepard Foundation named for her son. "Hate crimes continue to affect far too many Americans who are simply trying to live their lives honestly, and they need to know that their government will protect them from violence, and provide appropriate justice for victims and their families." Several religious groups have expressed concern that a hate-crimes law could be used to criminalize conservative speech relating to subjects such as abortion or homosexuality. Attorney General Eric Holder has asserted that any federal hate-crimes law would be used only to prosecute violent acts based on bias, as opposed to the prosecution of speech based on controversial racial or religious beliefs. Holder called Thursday's 68-29 Senate vote to approve the defense spending bill that included the hate crimes measure "a milestone in helping protect Americans from the most heinous bias-motivated violence."Video Watch survivor of attack discuss legislation » "The passage of this legislation will give the Justice Department and our state and local law enforcement partners the tools we need to deter and prosecute these acts of violence," he said in a statement. Joe Solmonese, president of the Human Rights Campaign, called the measure "our nation's first major piece of civil rights legislation for lesbian, gay, bisexual and transgender people." "Too many in our community have been devastated by hate violence," Solmonese said in a statement. "We now can begin the important steps to erasing hate in our country." This month, Obama told the Human Rights Campaign, the country's largest gay rights group, that the nation still needs to make significant changes to ensure equal rights for gays and lesbians. "Despite the progress we've made, there are still laws to change and hearts to open," he said during his address at the dinner for the Human Rights Campaign. "This fight continues now, and I'm here with the simple message: I'm here with you in that fight." Among other things, Obama has called for the repeal of the ban on gays serving openly in the military, the "don't ask, don't tell" policy. He also has urged Congress to repeal the Defense of Marriage Act and pass the Domestic Partners Benefit and Obligations Act. The Defense of Marriage Act defines marriage, for federal purposes, as a legal union between a man and a woman. It allows states to refuse to recognize same-sex marriages. The Domestic Partners Benefit and Obligations Act would extend family benefits now available to heterosexual federal employees to gay and lesbian federal workers. More than 77,000 hate-crime incidents were reported by the FBI between 1998 and 2007, or "nearly one hate crime for every hour of every day over the span of a decade," Holder told the Senate Judiciary Committee in June. The FBI, Holder added, reported 7,624 hate-crime incidents in 2007, the most current year with complete data. Hate crimes bill goes to Obama for signature - CNN.com
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#22 (permalink) | |
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YOU DOMESTIC DISSENT!
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Obama signs hate crimes bill into law
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#24 (permalink) | |
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YOU DOMESTIC DISSENT!
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perhaps.... perhaps.... but it is good that they're not going to spend billions on those war toys and new gizmos for POTUS. and at least gay people won't have anything to fear from in military.
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#25 (permalink) | |
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Premium Member
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Quote:
![]() The $680 billion for the military was passed. That's why the hate crime bill was attached to it. It was extortion. They knew that the President wouldn't turn down the military budget, so the hate crime bill was safely tacked on to it. It's an old trick. What exactly do you mean, "at least gay people won't have anything to fear from in military"? |
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#26 (permalink) |
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Registered User
Join Date: Jun 2009
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Maybe he's referring to this?
Army Secretary: Military Ready To Lift Ban On Openly Gay Service Army Secretary: Military Ready To Lift Ban On Openly Gay Service
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#28 (permalink) | |
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#29 (permalink) | |
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YOU DOMESTIC DISSENT!
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the "Don't Ask, Don't Tell" policy. thanks god it's gone.
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#30 (permalink) | |||
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Premium Member
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I don't think that was included in the bill Obama signed. |
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