Tut-tut, Elmer, on hate crimes

Posted: October 30, 2009

COLUMNIST Elmer Smith rails against the hate-crimes bill signed into law by President Obama.

Current law authorizes federal involvement in hate-crime cases only when the victim is targeted because of race, color, religion or national origin. The new legislation lets the Justice Department intervene when the crime is based on the victim's actual or perceived sexual orientation, gender, gender identity or disability.

The law also lets federal prosecutors assist local authorities in states that have no hate-crimes law, or states where the law is limited. Federal authorities will also be able to investigate and prosecute hate crimes when local authorities are unwilling or unable to achieve a just result. Federal support to local officials will also be available through training or direct assistance.

The hate-crimes law is not an attempt to police people's thoughts but actions. In this country, thinking as a bigot is not punishable; it is only when there is a violation of the law, and if there is ample evidence that such an offense is motivated by hate, that the statute comes into play. It is only after an underlying offense has been committed that the intention of the perpetrator is to be considered. There are numerous instances when intent is a significant factor in deciding how a crime is to be classified.

All Americans have a stake in an effective response to violent bigotry. Hate crimes demand a priority response. They have a special emotional and psychological impact on the victim and the victim's community. The damage done by hate crimes can't be measured solely in terms of physical injury or dollars and cents.

Hate crimes may effectively intimidate other members of the victim's community. Causing members of minority communities to be fearful and suspicious of other groups, and of government which is supposed to protect them, these crimes can damage the fabric of our society.

Barry Morrison, Regional Director

Anti-Defamation League

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