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Preliminary Legal Analysis: Congress Passes Hate Crimes Act
ReligiousLiberty.TV ^ | http://www.religiousliberty.tv/preliminary-analysis-congress-passes-hate-crime-legislation.html

Posted on 05/01/2009 9:09:45 AM PDT by ReligiousLibertyTV

With the news this week that the United States House of Representatives has passed, H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009, there is some concern about what this will mean for individuals or churches that express their religious beliefs regarding sexual orientation. . . .

An accurate reading of the Kennedy-Smith Act, however, would demonstrate that religious speech itself will not be censored or criminalized. The bill also promises that evidence of expression or association of the defendant may not be introduced as substantive evidence at trial unless it specifically relates to the particular offense.

This provision is only marginally protective, however, as a mildly-creative prosecutor could easily find ways to admit evidence as to bias and relate it somehow to the actual crime. This would be particularly useful in politically charged, high-profile cases. Any crime involving perpetrators and victims of different race, ethnicity, gender, or sexual orientation could conceivably become a federal case, even though the states would normally handle it.

Although the proposed federal legislation purportedly protects the freedom of speech that does not lead to a crime, as more and more cases arise and society changes, the United States could follow the example of Canada and other nations in which hate speech is broadly defined and can be prosecuted whether or not it is accompanied by a physical act.

(Excerpt) Read more at religiousliberty.tv ...


TOPICS: Government; Politics
KEYWORDS: congress; freespeech; hatecrimes; thoughtcrime

1 posted on 05/01/2009 9:09:45 AM PDT by ReligiousLibertyTV
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To: ReligiousLibertyTV

14TH AMENDMENT!


2 posted on 05/01/2009 9:11:29 AM PDT by massgopguy (I owe everything to George Bailey)
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To: ReligiousLibertyTV

This is the toe in the door. Now, all they need is for a gay person to stand outside the church needling those who exit it with perverse comments and threats; then for one of the persons to take offense and say something back or try to hit the person, then it will set the precedent for any spoken word, regardless of where it is spoken, to be considered hate speech that incited someone to violence. After that, nothing will be sacred...all will be considered a crime. Persecution is well on its way, dear Freepers. It is no longer taking baby steps our way, but is advancing full steam ahead.


3 posted on 05/01/2009 9:26:16 AM PDT by Shery (in APO Land)
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To: ReligiousLibertyTV
Which puts us in a bind - there is a huge subset overlap of those who own firearms and those who wish to continue speaking the Truth of God's Word.
If we damn the torpedoes and end up repeatedly spending time in jail for being outspoken about our beliefs, we are in danger of getting our guns confiscated.

Any thoughts on this conundrum?

4 posted on 05/01/2009 9:27:00 AM PDT by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: ReligiousLibertyTV
I have two major problems with this legislation.

First, it is a correction for a problem that no longer really exists. In the 1960's and before, often serious crimes against Blacks and other minorities were, in fact, often ignored in some jurisdictions in America (occasionally the legal authorities were the perpetrators of the crimes). I do not see this as a problem today. In fact the pendulum may have swung too far in the other direction.

Secondly, this law confuses voluntary behavior with race and ethnicity. The child cannot help being born black, white or European. Homosexuality and even religion are chosen behaviors.

End of rant.

5 posted on 05/01/2009 9:30:40 AM PDT by JimSEA
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To: ReligiousLibertyTV

Congress Passes Hate Crimes Act,will obama’s rev go to jail?


6 posted on 05/01/2009 9:35:43 AM PDT by Vaduz
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