I dislike intensely hate crimes laws. I find them to be trumped up, silly burdens usually applied in cases where the defendant is eligible for the maximum penalty anyway (such as the James Byrd Jr. lynching).
Now, it's said that President Bush is set to veto an expansion of the federal hate crimes law.
The administration's given reasons are that the law is unnecessary, an intrusion on federalism, and constitutionally questionable as an exercise of federal power. I expressed similar reservations in a post here about the bill two months ago. To its credit, the administration is avoiding the common and I think mistaken complaint that the bill would punish speech and thought. Anti-gay organizations, like Concerned Women for America, will certainly be happy about this. But their glee is insufficient reason to support the bill.
Andrew Sullivan, who like me opposes hate crimes laws as a general matter, complains that Bush's veto of this bill represents a double-standard under which gays are just about the only commonly victimized group left out of the special protection federal law already provides. That might in fact be the sort of pandering to anti-gay bigotry that's going on here and, if so, the administration deserves to be criticized not for the veto but for the malign motive behind it.
The problem with this criticism, however, is that the bill does much more than simply add "sexual orientation" to the existing federal law on hate crimes passed in 1968. It's a whole new statute. Protecting gays is only one element, though the most publicized. The bill considerably expands federal jurisdiction over hate crimes in general, for all categories, by eliminating the current requirement that the crime occur while the victim is engaged in a federally protected activity. That jurisdictional limitation has kept federal involvement very limited in an area where state authority has traditionally reigned. The new law also calls for more federal resources to be expended on all classes of hate crimes. The veto of an amendment merely adding sexual orientation to existing federal law would pretty clearly reflect an anti-gay double-standard. A veto of this much more comprehensive bill does not.
I'm one of those people who doesn't feel more threatened by creeps because they dislike women rather than disliking brown-haired people. I want the creeps to get the maximum punishment available regardless of their particular animus toward anybody.
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