R7

"Ain't Gonna Study War No More"

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Location: Brooklyn, New York, United States

Right-To-Life Party, Christian, Anti-War, Pro-Life, Bible Fundamentalist, Egalitarian, Libertarian Left

Friday, November 04, 2005

What Ever Happened To 'Equal Protection Under The Law'?

Can Hate Crimes be Cured?

The proposed Children's Safety Act, intended to protect children against violent and sexual crimes, might scare pedophiles, but there is reason for law-abiding Americans to be wary of this bill. An amendment by Representative John Conyers, Jr. (D-MI) would distort the time-honored American concept of justice.

Conyers, the ranking Democrat on the House Judiciary Committee, offered an amendment -the Local Law Enforcement Hate Crimes Prevention Act of 2005 -- to require that crimes based upon "actual or perceived...sexual orientation [and] gender identity" be covered by the Federal Hate Crimes Statistics Act.

The House approved the Conyers Amendment, 223-199. It passed the Children's Safety Act, with the Conyers Amendment, 371-52. Pro-family leaders were extremely disappointed, having received untimely late notice that the Conyers Amendment would be considered.

The Children's Safety Act has been referred to the Senate Judiciary Committee. Senator Arlen Specter (R-PA), committee chairman, may favor expanding the federal definition of "hate crimes" to include sexual orientation and gender.

Senator Specter, with the support of committee Democrats and possibly that of some Republicans, such as Senators Mike Dewine (R-OH) and Orrin G. Hatch (R-UT), could send the Children's Safety Act with the Conyers Amendment to the Senate floor.

Many conservatives are worried because the Senate last year approved a "hate crimes" amendment covering gender although it lapsed without House approval. It remains to be seen if the 2004 election of seven new GOP Senators, five of whom are considered solidly pro-family, would suffice to defeat the Conyers Amendment.

Many well-intentioned Americans probably would say the Conyers Amendment signifies "progress" because it would protect people from abusiveness and hatred. What right-thinking Americans, particularly observant Christians and Jews, would want to excuse the commission of crimes committee by "haters" based upon race, religion or sexual preference?

Enhancement of the Children's Safety Act with the Conyers Amendment would be a victory for influential lobbies seeking special treatment for their constituencies. Matt Foreman, of the National Gay and Lesbian Task Force, proclaimed the vote to be historic because "Never before has the House of Representatives voted to protect transgender people in any way."

Furthermore, it was the first time that the House "outside of procedural motions...affirmatively voted to extend full hate crimes protection to lesbian, gay and bisexual people."

Many House Members appear to have let their good intentions override the common sense principle that is the underpinning of our criminal case law. Creating new categories of "hate crimes" would be a significant departure from "equal justice under law." The phrase is more than an appealing platitude engraved over the entrance to the Supreme Court; it is the ideal to which our nation aspires in its system of justice.

The act, not the motive, has long been of supreme importance in determining whether a law has been broken. Adding penalties for infractions due to the criminal's ill-favored perception of his victim drastically would require that "equal justice" be determined by influential special-interest groups.

Representative Jeff Miller (R-FL) argued that hate-crimes laws are not in accord with a society that aspires to "equal justice under law." He told the House on September 14, 2005:

"Federalizing hate crime law will not increase tolerance in our society or reduce intergroup conflict. I believe hate crime laws may well have the opposite effect. The men and women who will be administering the hate crime laws (e.g. police, prosecutors) will likely encounter a never-ending series of complaints with respect to their official decisions. When a U.S. Attorney declines to prosecute a certain offense as a hate crime, some will complain that he is favoring the groups to which the accused belongs (e.g. Hispanic males) And when a U.S. Attorney does prosecute an offense as a hate crime, some will complain that the decision was based upon politics and that the government is favoring the groups to which the victim belongs (e.g. Asian Americans."

Crimes implicating interstate activity and crimes against Federal Government lawfully may be subject to Federal legislation. The intrusion into States' rights should not further. The Tenth Amendment provides, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Every State in the Union has laws against assault, murder and other crimes of violence. There is no need to enact new federal crime laws.

An equally pernicious impact of "hate crime" laws and one understood by observant Christians and Jews is that we are starting down a slippery slope, hurtling toward the day when Politically Incorrect thought would become a crime. The alleged criminal who attacked a member of a specially protected group could have his past life raked over by investigators who intended to identify hateful

Will quoting biblical verses against homosexuality one day be considered a crime? Recall that last year Christians in Pennsylvania were prosecuted for having run afoul of State hate crime laws. Their crime? They preached and sang hymns at a homosexual event and the Pink Angels, a homosexual defense group, surrounded them. The charges against the Christians ultimately were dismissed but not before the Christians had been jailed.

Any legislator, state or Federal, evaluating the element of intent in a proposed statute should consider the deprivations of Free Speech already manifest in Canada and Sweden. More fundamentally, legislators should adhere to the basic intent requirement in our traditional criminal law: A defendant must intend to commit the crime; other motivation is not germane.

The Children's Safety Act probably will be considered by the Senate. Grassroots pro-family groups will urge the Senate Judiciary Committee to uphold "equal justice under law." They will confront well-funded lobbies representing groups seeking special protection based upon gender, sexual orientation and perhaps, ethnicity.

The determinative factor in whether we uphold the American Way or take a decisive step toward repression could be which side could best deliver grassroots sentiment to senators and representatives in Washington.

Hate crimes laws, whether at the federal or state level, undermine our most valued legal principles. All lawful Americans oppose crimes, particularly premeditated acts, whether they have occurred because of greed, passion, hate or thrill-seeking.

We have state laws to deal with murder and assault. There is no need for federal "hate crimes" legislation, which is "thought crimes" legislation, given its destructive impact upon one of our cherished ideals.

( Stephen M. Lilienthal is a policy analyst at the Free Congress Foundation.)
Stephen M. Lilienthal
CNSNews.com Commentary

34 Comments:

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If you do not mind I will snag your blog and put it in my favorites. I read a ton of stuff on here that interested me. Keep blogging away :-)

12:47 PM  
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11:23 AM  
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2:49 AM  
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6:14 AM  
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11:51 AM  
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P.S I will add you to my favorites so I can come back and visit later
P.S.S If you want to bookmark my site I am at umbilical cord blood preservation. You never know you may find some good deals!

9:42 PM  
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10:32 AM  
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11:44 AM  
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7:10 PM  
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1:52 PM  
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6:47 PM  
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P.S I will add you to my favorites so I can come back and visit later
P.S.S If you want to bookmark my site I am at bank blood cord private . You never know you may find some good deals!

4:05 AM  
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Hey R7. Very nice blog :0) I just got inside from washing and waxing my truck. It is my baby. Took me 2 hours though. So I settled down into my basement and started doing some web surfing. Anyways I am in the process of grabbing my masters degree and have spent the last 6 months researching saving umbilical cord blood . In the midst of my surfing I landed smack dab in the middle of your blog. I hope you do not think I am intruding but I must say it is great blog. Even though What Ever Happened To 'Equal Protection Under The Law'? is way off base from saving umbilical cord blood I found myself cruising through your blog archives for the last half hour :0) You have some nice blogging friends. Anyways, I need to get back to my mission. I wrote don’t your url and feel free to visit me here at saving umbilical cord blood . I am so busy so I can only update my site monthly. Keep up the great work

1:24 PM  
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P.S I will add you to my favorites so I can come back and visit later
P.S.S If you want to bookmark my site I am at cord blood company . You never know you may find some good deals!

3:34 AM  
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Hey R7. Very nice blog :0) I just got inside from washing and waxing my truck. It is my baby. Took me 2 hours though. So I settled down into my basement and started doing some web surfing. Anyways I am in the process of grabbing my masters degree and have spent the last 6 months researching cord blood family trust. In the midst of my surfing I landed smack dab in the middle of your blog. I hope you do not think I am intruding but I must say it is great blog. Even though What Ever Happened To 'Equal Protection Under The Law'? is way off base from cord blood family trust I found myself cruising through your blog archives for the last half hour :0) You have some nice blogging friends. Anyways, I need to get back to my mission. I wrote don’t your url and feel free to visit me here at cord blood family trust. I am so busy so I can only update my site monthly. Keep up the great work

6:30 PM  
Anonymous cord blood company said...

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3:47 PM  
Anonymous cord blood storing said...

All I can say is WOW R7. The other half and I just got back from our friends house (well her friends house) and I needed a huge break. I am working on a project right now that is based on cord blood company . I have literally been on-line for 2-3 hours doing research. Even though What Ever Happened To 'Equal Protection Under The Law'? really isn’t on the same page as cord blood company I am certainly glad I came across your blog. There are a ton of great view points on this blog. Well I think I can here the kids screaming in the background. I put you in my internet favorites and I will certainly come back and visit. If you want to take a peek at my site you can find me here at cord blood company . I update my site very frequently. Again, great job blogging and I will be back again soon!

2:13 PM  
Anonymous cord blood company said...

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5:45 AM  
Anonymous cord blood registry cbr said...

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P.S I will add you to my favorites so I can come back and visit later
P.S.S If you want to bookmark my site I am at cord blood family trust. You never know you may find some good deals!

2:26 PM  
Anonymous cord blood stem cell banks said...

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5:10 AM  
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P.S I will add you to my favorites so I can come back and visit later
P.S.S If you want to bookmark my site I am at cord blood stem cell banks. You never know you may find some good deals!

1:00 AM  
Anonymous cord blood stem cell banks said...

What up R7! I just finished up a ten hour work day and decided to kick back and do some surfing. So I grabbed myself a drink and stumbled across your blog while doing some research on umbilical cord blood preservation for a upcoming project I am doing. Well even though What Ever Happened To 'Equal Protection Under The Law'? isn’t what I was looking for I really enjoyed reading your blog. Your doing a great job and please keep up the good work. Lots of people do not keep their blogs up to date :0) There are some very interesting view points stated here. Anyways I am going to grab the bull by the horns and continue to plug away at umbilical cord blood preservation . I have already bookmarked your blog. You many want to visit me at umbilical cord blood preservation . You never know you might see something you like! Again great job

4:32 PM  
Anonymous saving umbilical cord blood said...

I love your blog R7. How long has it been on-line? Reason I ask is I am doing a ton of work in the area of stem cell from umbilical cord blood and will probably end up starting a blog of my own. Funny how the internet brought me here when I was doing searches on stem cell from umbilical cord blood . Oh well, I am glad it did. Keep up the great blogging and I am sure I will visit What Ever Happened To 'Equal Protection Under The Law'? again!!

10:09 AM  
Anonymous collection of umbilical cord blood said...

Well I just got back from the gym and I am beat. I am currently doing some research on cord blood stem cell banks and stumbled across your blog. Which cracks me up really. The internet can certainly land you off base sometimes. Even though What Ever Happened To 'Equal Protection Under The Law'? is not completely related I think it is a cool blog. I have read back through the archives and lots of people make some very good points. Well I have been on-line forever it seems. I need to continue to plug away at cord blood stem cell banks. If you have the energy swing by cord blood stem cell banks. I try to update my site weekly and maybe you will see something you like. I already snagged your URL and put it in my favorites. If you do not mind I will be back again. Great job!

12:50 AM  
Anonymous cord blood spinal supply said...

Hi R7 your blog is really great! Wow :-) As I was out blog surfing and surfing the web for detailed info on collection of umbilical cord blood I stumbled across your blog. Obviously my search landed me here and it is a little off subject compared to What Ever Happened To 'Equal Protection Under The Law'?, but I am certainly glad I did come across your blog. Did I already tell you I like it! If you would not mind, I would like to add your link to my "favorites" page to come back and read again sometime. Should you ever need it, there's lots of information on this site about collection of umbilical cord blood. Again, great blog and keep up the great work!

9:58 AM  

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