Hate Crime Debate
MINI-LESSON: Hate Crime Legislation
In 1998, the brutal murder of gay college student, Matthew Sheppard, in Wyoming brought hate crimes against gay people to the nation's attention. Hate crimes against gays increased by 4.5 percent in 1999, even though serious crime in general declined.3
Hate crimes laws toughen criminal penalties for crimes motivated by bias against a protected group. As of May 2001, 28 states have passed hate crimes legislation that includes protection against crimes based on sexual orientation.4
Support for hate crimes laws is not unanimous, however. Many people believe that gays and other threatened groups need this extra protection. Others believe the laws are unfair because they give preferential treatment to gay people and other members of protected groups.
The Pros
Many supporters of hate crime legislation argue that:
Hate crime perpetrators deserve stronger punishment because their effects are more brutal than other crimes. Their acts seek to intimidate a whole community or category of people, not just the individual victim and his or her family.
Our federal and state governments need to send a strong signal that while our society protects freedom of thought and speech, hate violence will not be tolerated.
The Cons
People who are opposed to hate crimes legislation argue that:
Providing more legal protection for some violates citizens' constitutional right to "Equal protection of the laws." Harsher punishments for some crimes sends the message that we value the lives and safety of some people more than others.
All crimes are "hate crimes," and all crimes increase fear in the surrounding community.
If we punish someone "extra" for the anti-gay beliefs that motivated the crime, we're taking a step toward punishing not just violent intent, but thoughts and opinions with which we do not agree.
What Do You Think?
Is it the responsibility of state or local governments to institute hate crime laws? The federal government? Is it justifiable to punish a crime more harshly if the criminal was motivated by prejudice? Why or why not?
Do you think hate crimes laws are a good way to stop violence against LGBT individuals?
Does your state have a law against hate crimes? Does it offer protection based on sexual orientation? Find out Are there people in your community who have been victimized by a hate crime? If so, what can you do to help?
