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The legislation, backed by President Barack Obama, would extend federal protections granted under the 1968 hate crimes law to cover those physically attacked because of their gender, sexual orientation, gender identity or disability.
"This bill simply recognizes that there is a difference between assaulting someone to steal his money, or doing so because he is gay, or disabled, or Latino or Muslim," Senate Majority Leader Harry Reid said.
"It's a good thing" argument:
The new legal definition of "Hate Crime" goes into effect protect all 547 forms of sexual deviancy (or paraphilias) listed by the American Psychiatric Association.
Have a rape fantasy? "Like" animals a little too much? Gay? Pedophile? Necrophile? You're all legally protected now from... well, from what, exactly?
Supporters emphasized that prosecutions under the bill can occur only when bodily injury is involved, and no minister or protester could be targeted for expressing opposition to homosexuality, even if their statements are followed by another person committing a violent action.
To emphasize the point, the Senate passed provisions restating that the bill does not prohibit constitutionally protected speech and that free speech is guaranteed unless it is intended to plan or prepare for an act of violence.
The Traditional Values Coalition had expressed concern in a letter to senators that a pastor could be prosecuted for "conspiracy to commit a hate crime" if a sermon resulted in a person acting aggressively against someone based on sexual orientation.
So, free speech is still safe? All well and good, right?
"It's a bad thing" argument:
But how long will free speech remain safe? Is this "gateway legislation" toward a more Orwellian future?
Hate Crime laws have a history of getting way out of hand. For instance, Ireland has just recently outlawed Atheism, banning all Atheistic texts, speech and art with its new 2009 Defamation Bill introducing the crime of “blasphemous libel”, which has been signed into law by President Mary McAleese as of July 10th, 2009.
And of course there's Holocaust denial (as stupid as that is, it's still just words) gets you imprisoned in no less than 13 countries. Again, words alone there.
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Well, lolicon can still get you into jail, but now at least if someone roughs you up over it (police as they arrest you? LOL), you can claim Hate Crime and get a juicy settlement?
Attempts by House Republicans to add amendments stating “pedophilia is not protected as a sexual orientation” were specifically blocked and defeated by House Democrats. Lesbian Congresswoman Tammy Baldwin (D-WI) expressed opposition to excluding pedophiles from the bill, and Democrats voted with her to strike any child-protection amendment.She claimed that pedophiles would not be defined within “sexual orientation,” but wouldn’t put that in writing, and refused to define that phrase “sexual orientation,” which Congressman Steve King (R-IA) said will include all 547 sexual deviances listed in the American Psychiatric Association’s DSM-III manual of clinical psychoses, including pedophilia, so now thanks to most Democrats, child molesters will be protected by federal law. In response on the House floor, Congressman Alcee Hastings (D-FL) not only admitted it would, but defended that all 547 psychoses SHOULD be defended by this new law, saying, “This bill addresses our resolve to end violence based on prejudice and to guarantee that all Americans regardless of race, color, religion, national origin, gender, sexual orientation, gender identity, or disability or all of these ‘Philias’ and fetishes and ‘isms’ that were put forward need not live in fear because of who they are. I urge my colleagues to vote in favor of this rule.”
