When the New Jersey State Assembly meets in its final session this coming Monday legislators will vote on a measure which if approved, will go a long way toward eroding our First Amendment rights. The sad fact is, most people won't even pay attention and those who do take note most likely won't even understand what's at stake. The legislation is A-4591, a measure designed to toughen hate crimes laws in New Jersey. The State Senate already voted in favor of the companion measure last Thursday.
So what in the world could be wrong with being opposed to hate crimes. Well, for one hate crimes legislation in general is severely flawed in its logic. We've all heard the argument. Someone kills an individual. During the course of prosecution, we discover the murderer committed the crime because of their hate for the victim because of their race, gender or sexual orientation. Oh, really. Now we really have to punish the murderer. I don't get the logic. The victim is dead. Does it really matter what the assailant was thinking when he or she committed the crime. The crime is horrible enough. I've never understood what difference it makes what the person was thinking when they intentionally committed the crime. The result is still the same. The punishment should be to the fullest extent of the law. I don't care if the murderer was thinking, "Gee, I really hate this person" or "Gee, I have to kill them because if I don't they'll identify me to police when I leave the scene of the crime."
As I see it, it's really all about "feel good" legislation. We'll really give it to the murderer because of the hate. That will make us all feel better. It's ridiculous.
This latest addition to the proposed legislation as written, strongly suggests that any expressed disagreement to homosexual behavior, "gender identity or expression" could be construed as bias intimidation. In fact the bill specifies that if found guilty of "bias intimidation", the guilty party will be forced to attend "sensitivity training" which could have the effect of indoctrinating you to accept homosexuality or other "gender expressions" and reject your sincerely held beliefs.
My concern and the concern of many others is that this legislation could dramatically impact free speech and freedom of religious. How so, you ask? What if a pastor decides to address his congregation on his Biblically held views regarding homosexuality? Will he be hauled off to jail or sensitivity class? We're not talking about someone advocating violence against any group. We're talking about expression of deeply held beliefs. What if someone asks your opinion about a certain group of people or issue, are you free to express that opinion without fear of being reported to the "thought police." This is very dangerous. Our ability as a free people to openly express beliefs is a fundamental right guaranteed by our Constitution. Don't let that right be taken away. Call your Assembly representative and urge them to vote NO!
2 comments:
Excellent points, Jeff.
One of the great ironies in this debate is that in your example the pro-hate-speech/crime folks are usually anti-death penalty and the conservatives are pro-death penalty. Therefore, conseratives already favor a stronger punishment than the liberals! I'm not sure how they would argue that the death penalty is evil, etc. and argue that a stronger punishment is needed for the hater at the same time.
Amen and Amen!
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