House Minority Leader John Boehner has an interesting reaction to the Hate Crimes Bill:
He attacked Democratic initiatives such as a “hate crimes” bill being considered this week in the House, which would boost the federal government’s authority to go after “bias-motivated violence.” Conservative critics say the bill amounts to a gag rule for preachers and other religious figures who do not support homosexuality.
The bill “makes me want to throw up,” Mr. Boehner said, blasting the idea of going after someone for “what we think they were thinking as opposed to what they did.”
The bill that John Boehner is referring to is the Local Law Enforcement Hate Crimes Prevention Act, which is known colloquially as the ‘Matthew Shepard Act’ and officially as H.R.1913. Here’s a description of what the bill provides for:
The Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA)/Matthew Shepard Act gives the Department of Justice (DOJ) the power to investigate and prosecute bias-motivated violence by providing the DOJ with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.
The Act provides the DOJ with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable to act, by taking the lead in investigations and prosecutions of bias-motivated, violent crimes resulting in death or serious bodily injury. The LLEHCPA also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers or assist in state and local investigations and prosecutions of bias-motivated crimes.
The bill makes two major changes to the 1969 Hate Crimes Bill. It extends protection to people who are attacked for their sexual orientation or gender identity and it expands the circumstances under which the Federal Government can get involved in local crime. It has an express provision protecting free speech.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution.
In other words, pastors cannot be prosecuted for preaching against homosexual behavior even if their hate speech influences someone to commit a crime of violence against a gay person. Nothing in the law restricts free speech in any way. So, what exactly is John Boehner talking about and what is it in this bill that makes him sick to his stomach?
