Rob's Thoughts

This past week President Barack Obama signed into law a defense bill that included a provision to criminalize hate.  I understand that the law intended to place more severe punishments on already illegal activities that are done out of hate against specific ideologues and prejudices (for more on the details of the law see bottom).  The intent of the law, however, does not nullify the reality that we are criminalizing a feeling.  This also begs the question, what sort of murder, or beating, or lynching isn’t done out of hate?  So what’s my beef with the new law?  Read on.

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Many people are familiar with the wicked brutality that lead to the death of Matthew Shepherd.  This was the event that sparked the hate crimes debate that has raged for over a decade.  What is of particular interest in the development of the hate crimes laws is that we have begun to criminalize feelings, in particular the feeling of hate.  I wonder what you hate?  I think that many people hate many different things.  I hate abortion because I hate killing the innocent and helpless.  That’s not to say that I hate those who have had abortions, in fact there are people who I love dearly and passionately who have had abortions, but I still hate the idea of killing the innocent.  I hate black licorice because it tastes like what I image sewage to taste like.  I hate adultery.  Those who have been the victims of infidelity and those who have become slaves to adulterous desires understand why.  I hate drunk driving because I know those who have lost husbands, sons, daughters, fathers, etc. to drunk driving.  I hate war.  Not that I think it’s abjectly sinful, in fact I think it’s necessary in the world in which we live, but I look forward to a day when it’s unnecessary and hate that in this age we are obligated to wage it.  I hate the gang rape that happened outside a homecoming dance this last week.  All that is in me rages against the men who raped that 15 year old girl as she was walking to meet her Dad outside the school.

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Do I hate homosexuality?  More so than I hate black licorice, less so than I hate the rape mentioned above.  Do I love homosexuals?  Absolutely.  I have known and know homosexuals (those who are proud of their homosexuality,and those who wish they weren’t homosexual), and I love them dearly and passionately and would do almost anything for many of them.  Yet I believe that their sexual orientation is settling for something less than they were designed for.  (I realize that I just provoked many readers but this isn’t a blog on the logic and science behind homo/heterosexuality.)

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The point is this: we have begun criminalizing the feeling of hate but we haven’t criminalized those feelings against everything or everyone.  Shouldn’t the same protection be extended to all citizens of our country?  What I mean is that it’s okay to hate politicians because they’re liars and cheats, but it’s not okay to hate homosexuals.  It’s okay to hate republicans because they’re a bunch of white guys in cowboy hats, but not it’s not okay to hate suicide bombers that kill our people in the name of Allah (religion is one of the things protected in the hate crimes bill).  It’s okay to hate democrats because they want universal health care, but it’s not okay to hate incest or polygamy (or did you not think that this wasn’t included in protection of sexual orientation).  Clearly there are severe imbalances here.

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Additionally hard to stomach is the reality that those men who raped that 15 year old girl will receive a lesser punishment because they didn’t rape her because of her sexual orientation.  Try explaining that to that 15 year old girl and her parents.  The question we must ask ourselves is this: are we comfortable allowing our government to play the role of a psychiatrist who determines if what you hate, or how much you hate it, is criminal?  It will be interesting to see what other emotions and feelings are made illegal in the future.  One thing is certain: I hate this law.

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For clarification: we understand the law not to punish those who hate without acting upon it.  Rather the law places stricter punishments on crimes done against certain individuals who fit the protected category.  There was already hate crimes legislation.  The difference between what already existed and this new bill is the narrowing of protected groups.  The previous law offered protection to everybody whereas this new bill specifically protects the following: race, color, religion, national origin, gender, sexual orientation, gender identity, or mental or physical disability.”  In effect If someone kills a Muslim extremest out of hatred for Islamic radicalism, according to this bill they could receive a more severe punishment than someone who kills a liberal because they hate PETA.