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The Rainbow Clause:
Giving us the right to choose who; where; when; why; and how.
Gays, Lesbians, Hate Crimes, and the
Law
Perhaps nothing stirs the American soul to anger
and action more readily than a hate crime, especially if that crime is documented
well and receives a lot of media attention. Each year this country witnesses
more than 7,000 hate crimes with nearly 20 percent of those being directed
at gays, lesbians, and transgender persons.
Despite the fact that hate crimes motivated
by race, religion, and national origin have been vehemently opposed by the
law for decades, until recently only 29 states had laws that cover crimes
based on the sexual orientation, real or perceived, of the victim. Added
to that slight is the fact that most anti-gay violence is more oppressive
and more violent than other types of hate crime. In fact, gays are more likely
to die from attacks than heterosexuals because attacks against gays are almost
always more violent. And the attackers who perform these crimes are less
likely to be caught than they are for other types of hate crimes.
A giant step forward was taken in September
of this year when the Local Law Enforcement Hate Crimes Prevention Act was
enacted. This legislation adds hate crime stipulations to acts of violence
based on sexual orientation, gender, gender identity and disability. Before
this time, only persons who were attacked based on race, religion, and national
origin were afforded protections under hate crime laws.
In general, hate crimes carry stiffer penalties
than other types of crimes because they send a message of terror to a certain
group of people. And since violence against a certain stereotype is often
the result of a deep-seeded hatred for a particular group of people, hate
crimes are less likely to be random acts of violence and more likely to be
planned attacks. Hate crimes are also repeated crimes against a certain group.
Hate crimes are directed toward people for reasons that they did not bring
about and are helpless to control.
The new Local Law Enforcement Hate Crimes Prevention
Act will give local law enforcement the training and tools they need to recognize
and prosecute hate crimes in their communities. Contrary to what certain
individuals believe and publicize, this legislation does not give gays; lesbians;
transsexuals; and cross dressers the right to prosecute anyone who does not
believe in their lifestyle, or who speaks out against them. This legislation
will only work to prosecute and convict perpetrators of violent crimes against
this group of people.
Sadly, hate laws cannot stop persecution from
religious sects and groups who speak out against gays and lesbians. This
hate speech is often where the seed of a hate crime is planted, just as it
is within white supremacy groups who target racial minorities for their attacks.
But law enforcement can only prosecute the crime - not the hatred behind
it. Hopefully, with stricter penalties for hate crimes, would-be attackers
will think twice before killing an innocent person based on their sexual
orientation... because one crime of violence is one crime too many.
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