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Misinformation about Hate Crimes bill
The "Matthew Shepard Bill" which makes it a federal crime to attack someone due to sexual orientation ( the revised and expanded definition which was added to race, gender, religion, etc. ) has been touted by Hannity and other conservatives on Fox media and elsewhere since last May as "a law passed by Democrats to protect pedophiles". (See this coverage from May 2009: http://mediamatters.org/research/200905060016)
This is annoying in the extreme for 2 reasons:
1.) It is a deliberate misconstruing of the purpose of the bill. The "sexual orientation" clause is being misread as applying specifically to pedophiles.
2.) The term "sexual orientation" does indeed cover pedophiles, but this is only common sense. If a registered offender is in treatment, and on probation, and I find out he is living down the street from me, I can move. But I cannot attack him, rob him, rape him, knife him, throw rocks at his windows. This was true before a hate crimes bill as well.
Here is a great piece which clears up the myths surrounding the bill:
Crowd Power
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Susan Marie Kovalinsky
Ledgewood, New Jersey, United States
Recommendations (19)

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The_Cynic
Freddy Beach, Where the deer r, Canada -
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Hugh Askew
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Most RecentMost Recommended Comments (24)
at 12:51 on October 27th, 2009
We discussed this on another thread a few days ago. The centerpiece of the expansion is intent. If a person attacks another person with the intention of the attack because he is gay, then the law should prevail. If the intent can proven to be NOT because they are gay, then the law should not apply.
Below is my comment from another thread. Sorry for the repeat if you saw it already.
Expansion of Hate Crimes punishment
Crimes against any indivudal are prosecuted based on existing laws, while hate crime legislation intensifies the punishments based on motive making the "burden of proof" for intent one of the primary correlations in cases that will invoke this law.
This fear of motive based prosecution is reminenscent of "thought police" and the underpinnings of facism. For me, the question is how do we as a society address what we know is hate based on race, religion, gender, and sexual orientation? What other alternatives do we have to confront these issues if not by the courts?
A society left to its own rule without egalitarian adherence in the application of laws and the protections therein is reduced to a mob. In Lord of the Flies William Golding portrays a society whose intentions begin as a democracy but spirel downward into chaos when a "weaker" member is dominated, ridiculed and murdered and the symbol of their democracy destroyed.
The 21st century sends us to opine about Moore's Utopia or Virgil's pastoral in the Eclogues or Omar Khayyam in the Rubaiyat. But is there a place for idealism and faith in mankind in the world we live in? Is faith enough, or do we need the expansion of laws to ensure equality and trust.
at 13:24 on October 27th, 2009
I would interpret "sexual orientation" as not being exclusively defining a gay person. Your example of a straight person being attacked by a gay person because he is straight would seemingly invoke the hate crime definition and the expanded punishment.
Root causes: The root causes of bigotry and hatred particularly in race and religion is the reason most wars have been fought. Sure, it would be great to have a utopia where everyone loved one another, but the reality of human behavior does not support this. So, what are we left with? Nations that recognize the inequities and address them in a socially responsible way.
at 14:06 on October 27th, 2009
After some thought, I would propose the Hate Crime Bill to include crimes perpetrated by a special interest group in a conspiratory manner against an individual such as gang stalking be included in the legislation.
at 14:21 on October 27th, 2009
I would agree with special interest group and gang stalking, definitely.
And this whole hate crimes bill should obviously cover all under its own definition. It a gay man did take it upon himself to kill a straight man from political revenge, this would fall under the "sexual orientations" clause. It must cut in all directions to be fair. A feminist castrating a man would be a hate crime directed at his sexual orientation. It can be used against the original writers of the bill, as has happened with various things I can think of. But this must be neutral and impartial and stick to the definition to be just.
at 14:26 on October 27th, 2009
But this must be neutral and impartial and stick to the definition to be just.
I agree smk
at 14:30 on October 27th, 2009
Thanks, A ;)
at 17:42 on October 27th, 2009
Interesting that one class of peoples demands special and/or extra protection, coverage, compensation, benefits, what-have-you, because they are supposedly "equal".
Possessing but a small amount of common sense, i question why, if they are indeed equal, special rules, or laws, need to be invented for their benefit.
It would seem, to this meager mind, that justice would demand the same for all, without partiality.
at 20:13 on October 27th, 2009
special rules, or laws, need to be invented for their benefit
Equality is a social construct, and for it to be applied to everyone without exception, you assume there is no prejudice through which people judge and direct their actions. Knowing this is not the case, social justice applied equally needs a benchmark from which to determine a value; hence, the creation of laws or, as in this case, the expansion of a law focusing on motive.
at 01:38 on October 28th, 2009
It would seem, to this meager mind, that justice would demand the same for all, without partiality.
from Webster:
justice: the quality of being just, impartial, or fair
at 01:44 on October 28th, 2009
The problem is that justice is not always impartial and fair. If you've got enough money and connections, it works wonders in the "justice" system.
at 03:49 on October 28th, 2009
That is the 'legal' system. Justice is by definition, impartial and fair, else it is not justice, but injustice.
That the 'legal' system needs work is not at issue, but that the laws themselves create inequality.
at 12:05 on October 28th, 2009
laws themselves create inequality.
I agree this is the case in some issues. Let's step away from the issue on this thread to explore a comparison.
Eminent domain is a law under the 5th Amendment that gives the government the right to seize private property for public use with reasonable compensation. Is this a just law, or is the government unjust in its application of this power? One point of view is the government's role of protectorate is within the rights granted by the Constitution.
In 2005 the Supreme Court expanded the powers of eminent domain in the case of Kelo v. City of New London, however, it involved a new trend among cities to use eminent domain to acquire land for the redevelopment or revitalization of depressed areas. Basically, the use of eminent domain for economic, rather than public purposes. by the Constitution is to be trusted to use this power for the greater good of the public.
Was the expansion of eminent domain a just expansion or does it create inequality by enhancing the powers of cities by decreasing the powers of individual ownership. Is the greater good being served? Here, I say no. This creates and imbalance challenging the rights of individual ownership and transfers arbitrary powers to cities that gives them unlimited powers to define "redevelopment and revitalization," which might now be for the greater good, but for the good of some developers pocket book.
The Hate Crimes expansion, likewise, expands the powers of the judicial. Is the greater good to the public being served with this expansion of powers? I would say yes because it attempts to equalize the powers among specific groups who have suffered the imbalance of social prejudices and injustice. Similarly the way Affirmative Action attempts to equalize the imbalances with policies that take race, ethnicity, or sex into consideration in an attempt to promote equal opportunity or increase ethnic or other forms of diversity.
at 05:53 on October 28th, 2009
Sexual orientation is a pattern of emotional, romantic, and/or sexual attractions to men, women, both genders, neither gender, or another gender. According to the American Psychological Association sexual orientation also refers to a person’s sense of "personal and social identity based on those attractions, behaviors expressing them, and membership in a community of others who share them."[1] Sexual orientation is usually classified relative to the gender of the people who are found sexually attractive. Though people may use other labels, or none at all[2], sexual orientation is usually discussed in terms of three categories: heterosexual, homosexual, and bisexual. These orientations exist along a continuum that ranges from exclusive heterosexual to exclusive homosexual, including various forms of bisexuality in-between. The continuum between heterosexual and homosexual does not suit everyone, however, as some people identify as asexual.[3] Sexologists see this linear scale as an oversimplification of a more nuanced notion of sexual identity. Source: wikipedia, Sexual Orientation
at 05:54 on October 28th, 2009
Sexual orientation is also a concept that evolved in the industrialized West (no surprise:))
at 06:00 on October 28th, 2009
Rhonda: Thanks for this important factual information. There is much confusion over all of these definitions, and it is important for people to understand the differentiations and that not all can be lumped under the "gay or straight " banner.
at 06:06 on October 28th, 2009
You are very welcome, smk! Yes, "it is important for people to understand the differentiations and that not all can be lumped under the "gay or straight " banner."
at 06:16 on October 28th, 2009
"The term "sexual orientation" does indeed cover pedophiles, but this is only common sense."
It is important to understand Pedophilia.
at 07:07 on October 28th, 2009
I am aware of the strange history surrounding the APA's removal from DSM of homosexuality as disorder in 1973. I think there is a third way, between "born that way" on the one hand, and "choice" on the other. I think gays may be compared to philosophers and artists : Born with certain temperaments which offer many good things to society, and highly strung enough to have their own special set of "disorders". Businessmen have disorders as well, as do capitalists and politicians. If I am a philosopher , and you tell me, if I was born that way, it is an illness, and if I chose it, it was a bad choice, I will tell you that I was both born that way and then ran with it. I will admit that as this "type", I am known to have extreme moods and certain social phobias, and that I am known to buck against the established order and to write strange doctrines. But then, so are many, many groups: There is a typology of the policeman, the politician, the entrepreneur. How is the gay any different?
at 07:53 on October 28th, 2009
As mentioned to Rob Misek above, it's called The Human Condition, smk!:)
at 09:13 on October 28th, 2009
Thanks Rhonda: Yes we all have our preconditions and disorders! ;)
Rob: Yes, gays cannot monogamously reproduce, which is true. I think what they seek with marriage is simply to not have their relationships be demeaned. Marriage itself has been demeaned by heterosexuals, which opened this other door. When you open a door, you have to accept what comes through. Gays are arguing that most children are being raised now in single parent homes. Who opened the door to this argument? They argue that many are raised without fathers. Who opened that door? Marriage has changed into something different. Blame the original transformers, (we know who I refer to now). Gay marriage is symptom, consequence, incident , of this prior transformation.
at 17:31 on October 28th, 2009
In the order of nature, homosexuality is less than heterosexuality. In the old order of society, it was less. But we are in an advanced state of democracy. We have a right and a duty to overcome nature and the old order. Women are less than equal in nature and the old order. We are not there anymore.
at 18:40 on October 28th, 2009
Rob and smk, some reading you might find interesting: What Are Homosexuals Good For? or Gaiety as a Family Value.
at 18:47 on October 28th, 2009
I have looked at it, and as it is lengthy have only skimmed it, but can see thus far that it makes good arguments and interesting points not often considered. Thanks, Rhonda.
at 18:52 on October 28th, 2009
You are very welcome, smk!:)