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The Fatal Flaw In The Hate Crimes Bill

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tucsonlib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 02:52 AM
Original message
The Fatal Flaw In The Hate Crimes Bill
There's something about H.R. 1913 that strikes even an old progressive/liberal/hippie like me as nonsensical and illogical. Here's the thing: The bill defines a hate crime as "any crime motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim."

Remember those grade school test questions that asked you to identify the word that didn't belong? And there was a list like: Apple, Pear, Orange, Weasel, Banana

See what I'm getting at? Nobody can select or control their race, color, national origin, gender or disability. And despite what some may preach, there's just no way anyone can "choose" their sexual orientation or gender identity. Gays don't choose to be gay anymore than I chose to be hetero.

So that leaves us with religion. You choose which religion to follow. You might be born into a Catholic family. Or Jewish, or whatever. But you're free to change your belief system as often as you like. Or even choose to believe in nothing.

I'm not saying that religion shouldn't be included in the bill, but if it's a hate crime when motivated by a victim's religion, shouldn't a crime motivated by the victim's political orientation also qualify? Or how about a crime motivated by which sports team the victim supports?

When the authors of this bill included the word "religion", I fear they guaranteed that the bill will eventually be ruled unconstitutional.

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Chipper Chat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 03:02 AM
Response to Original message
1. Maybe "creed" would be a better term.
It's possible that would bring it within the "stay" category.?.
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tucsonlib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 03:15 AM
Response to Reply #1
2. Isn't That Still Something One Chooses To Adopt? n/t
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Smith_3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 03:22 AM
Response to Reply #1
3. One problem is the fuzzy definition of religion.
Let's say someone's religion includes torturing animals to death. And someone breaks into this person's house and releases the animals. This would be a "crime motivated by religion".
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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 03:39 AM
Response to Original message
4. Ooooh....
Real Butter! Here, have some. :popcorn:

(Please note: I do not disagree at all.)
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tucsonlib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 04:34 AM
Response to Reply #4
6. Yum! n/t
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 04:25 AM
Response to Original message
5. religion dates from the 1960's and has been litigated
case law dates back from the founders when religion was considered far less changable.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 05:57 AM
Response to Reply #5
7. "religion dates from the 1960's"?
I'm pretty sure that there is archeological evidence of religion, or at least religious practices going back around 300,000 years or so.
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WillParkinson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 07:42 AM
Response to Reply #7
8. Lies! Untruths! Fibs!
Edited on Tue May-05-09 07:43 AM by WillBowden
The earth is only 6,000 years old. :P
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-05-09 11:14 AM
Response to Reply #7
9. I meant the religious part of that law dates from the 1960's
the original hate crimes law was passed in 1964 along with nearly all civil rights legislation and all of those included religion.
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