Unable to pass stand-alone hate crimes legislation
on its own merits, Senator Edward Kennedy (D-MA) is
trying to ram hate crimes language through the
Senate as an amendment (S.Amdt.2067) to a defense
spending bill. This amendment could effectively
hijack H.R. 1585, the National Defense Authorization
Act for Fiscal Year 2008, which the President hoped
to sign. Unfortunately, federal hate crimes
legislation already exists. But we must not
exacerbate the situation with more hate crimes
legislation; it's unnecessary, makes certain people
unequal under the law, and paves the way for
religious persecution.
Senator Kennedy's proposed legislation, co-sponsored
by Senator Gordon Smith (R-OR), purports to
"strengthen the enforcement and prosecution of hate
crimes based on race, ethnicity, religion, gender,
sexual orientation, and disability" by “(addressing)
gaping loopholes and excessive restrictions
requiring proof (emphasis mine) victims were
attacked because of engaging in 'federally protected
activities' (such as sodomy—editor)." Imagine a
court of law "requiring proof" a person was attacked
for a particular reason!
Senators Kennedy and Smith have introduced hate
crimes legislation for many years. In a 1999 press
release, Senator Kennedy stated such slayings as
that of Matthew Shepard, apparently killed because
he was homosexual, "made clear ...the inadequacy of
current law (that doesn't give) federal authorities
...jurisdiction to assist (emphasis mine)
state and local authorities in investigating (such
a) case."
In a 2004 press release, Senator Smith acknowledged,
"The first duty of government is to protect and
defend its citizens." Yet both Senators have failed
in their duty to protect our nation's borders.
Senator Kennedy voted in 2006 against construction
of the fence along the border with Mexico, and both
he and Senator Smith failed to vote funding to build
that fence. And both senators oppose drilling for
oil in the Arctic National Wildlife Refuge (ANWR).
Drilling would probably affect less than .0001% (one
hundredth of one percent) of the total acreage
within the refuge, with negligible impact to native
wildlife. More importantly, it would ultimately free
the American people of our dependence on Middle East
oil; that dependence is a very real threat to our
national security.
Hate crimes legislation seeks increased criminal
sentences according to what the perpetrator was
supposedly thinking during, or prior to, a crime.
Such a law would make killing a homosexual more
heinous than killing a little old lady.
Senator Kennedy's amendment says hate crime acts are
"divisive;" so is a two-tiered justice system,
making some people second-class victims. This
special treatment curries favor with homosexuals,
bisexuals and transsexuals, when we should value all
human life as sacred under the law. Crime should be
punished equally regardless of who the victim is.
Creating a special victims category at a time when
FBI statistics clearly show there is no epidemic of
hate crimes in the U.S. defies common sense. In
2005, for instance, out of 862,947 cases of
aggravated assault, 177 were reportedly committed
because of the sexual orientation bias of the
criminal - that's 0.000205% of all such assaults in
2005. This clearly does not warrant special federal
legislation and intervention.
Additionally, hate crimes legislation actually
establishes federal "thought police." All crime is
hateful. But combining this proposed legislation
with existing "aiding and abetting" statutes could
easily set up the situation where people are
arrested for their spoken or written views, rather
than their actions. Such a slippery slope would be
very dangerous, and destructive of our other civil
liberties, and should be of special concern to
Americans of faith who view homosexuality as deviant
and immoral.
Speaking to a provision supposedly exempting "free
speech" from prosecution, Janet Folger, a
WorldNetDaily columnist, writes "the idea of
arresting people for stating their religious beliefs
that homosexuality is wrong is no longer something
that 'may' happen in the future." Ms. Folger lists
disturbing examples of what hate crimes legislation
has already done in the United States
(http://worldnetdaily.com/news/article.asp?ARTICLE_ID=56701).
The Human Rights Commission of the Canadian
government is currently investigating a political
website for the crime of "offending"
(http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=56826).
Connie Wilkins and Mark Fournier run Canada's Free
Dominion website
(www.freedominion.ca/).
They post articles, comments and blogs on a wide
range of conservative issues, such as their
opposition to formation of a North American
Union.
Can't you just wait to "harmonize" and "integrate"
our laws with those of Canada ...and Mexico?!!!
One stunning provision of Senator Kennedy's
amendment
(http://thomas.loc.gov/cgi-bin/query/F?r110:1:./temp/~r110SRT9fG:e0:)
would amend existing law, making it illegal for
"Whoever, whether or not acting under color of
law (emphasis mine), 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 kidnapping (sic) or an
attempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or an
attempt to kill.
``(B) CIRCUMSTANCES DESCRIBED- For purposes
of subparagraph (A), the circumstances described in
this subparagraph are that-
``(i) the conduct described in subparagraph (A)
occurs during the course of, or as the result of,
the travel of the defendant or the victim-
``(I) across a State line or national border; or
``(II) using a channel, facility, or instrumentality
of interstate or foreign commerce;
``(ii) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in
subparagraph (A);
``(iii) in connection with the conduct described in
subparagraph (A), the defendant employs a firearm,
explosive or incendiary device, or other weapon that
has traveled in interstate or foreign commerce; or
``(iv) the conduct described in subparagraph (A)-
``(I) interferes with commercial or other economic
activity in which the victim is engaged at the time
of the conduct; or
``(II) otherwise affects interstate or foreign
commerce.
Now, I'm not a lawyer, and I don't even play one on
TV ... but it appears this little provision would
criminalize any effort by our Border Patrol agents
to interdict illegal aliens, since said agents
would target someone because of their "actual or
perceived national origin" ... which might result in
"bodily injury" ... or an "attempt to kill" ...
while engaged in "conduct" involving the "travel" of
the "victim" ... "across a ... national border" ...
and possibly "affects interstate or foreign
commerce." It certainly appears Senator "Shamnesty"
Kennedy is once again trying to pull a fast one,
committing treason against the American people.
President Bush has promised to veto any "hate crimes
legislation," but he wants this defense spending
bill. The House has already passed similar
legislation, so we must stop this bill in the Senate
to ensure President Bush doesn't have to make a
compromised decision.
ACTION TO TAKE
Contact your Senators
·
Tell them to oppose Senator Kennedy's hate crimes
amendment (S.Amdt. 2067) to the defense spending
bill (H.R. 1585).
·
Tell them offending someone must not be a federal
crime.
·
Tell them censorship is un-American and
unconstitutional.
·
Tell them not to play games with our troops.
·
Tell them they must not further hamstring, handcuff
or criminalize the necessary actions of our Border
Patrol.
Phone calls and letters are the most effective way
to contact your elected representatives.
E-mails and faxes are many times ignored. Members of
Congress have been changing their e-mail addresses
and fax numbers when we send out alerts. If you
prefer, though, you can send an e-mail by going to
each member's website at
www.thomas.gov
If you are unsure who your Senators are, this link
will tell you
www.senate.gov
You may phone the United States Capitol switchboard
at (202) 224-3121. A switchboard operator will
connect you directly with the Senate office you
request.
If you choose to write, and do not know your
Senators' mailing addresses, you may simply address
your letters as follows:
Office of Senator (Name)
United States Senate
Washington, D.C. 20510
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