So the real question that needs to be answered is why do we, in a nation with the principles of free speech and thought enshrined in its Constitution even have a category called and prosecuted as “hate crimes?”
If you ever get a satisfactory answer to that question let me know. I’ve been curious about that too.
Why, national security, of course =>
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009)
On October 28, 2009 President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, attached to the National Defense Authorization Act for Fiscal Year 2010, which expanded existing United States federal hate crime law to apply to crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability, and dropped the prerequisite that the victim be engaging in a federally protected activity.
http://en.wikipedia.org/wiki/Hate_crime_laws_in_the_United_States
And the answer is, the Commerce Clause =>
___________________________________________________________________
H.R.1913 - Local Law Enforcement Hate Crimes Prevention Act of 2009
-snip-
(6) Such violence substantially affects interstate commerce in many ways, including the following:
(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
(E) Such violence is committed using articles that have traveled in interstate commerce.
http://www.opencongress.org/bill/hr1913-111/text?version=ih