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Hate Crimes Bill signedFollow

#1 Oct 28 2009 at 5:59 PM Rating: Good
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http://www.myhusbandbetty.com/2009/10/28/hate-crimes-bill-signed-into-law/

Quote:
President Obama has just signed into law the very first protections for transgender people in US history: The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

“This is a powerful day as the United States government, for the first time, stands up and declares that violence against transgender people is wrong and will not be tolerated in our country,” stated Mara Keisling, the Executive Director of the National Center for Transgender Equality. “Every day transgender people live with the reality and the threat of personal violence, simply because of who they are. This must end and it must end now. The new law provides for some vital first steps in preventing these terrible crimes as well as addressing them when they occur. At NCTE, we are dedicating this day to all those who have been victims of hate-motivated violence as well as recommitting ourselves to ending the epidemic of hate that continues to damage our communities and our country.”

Mara will be present at the White House this afternoon when President Obama offers commemorative remarks to mark this historic moment.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which adds sexual orientation, gender identity, gender and disability to existing law, will have a number of positive impacts for transgender people:

* It will help educate law enforcement about the frequent hate violence against transgender people and the need to prevent and appropriately address it;
* It will help provide federal expertise and resources when they are needed to overcome a lack of resources or the willful inaction on the part of local and/or state law enforcement;
* It will help educate the public that violence against anyone, including transgender people, is unacceptable and illegal.

Most importantly, this law marks a turning point for the federal government, by including positive protections for transgender people and taking seriously the need to address the discrimination that we face.


CNN article on it too: http://www.cnn.com/2009/POLITICS/10/28/hate.crimes/index.html
Snippets from CNN article wrote:
The hate crimes measure was named for Matthew Shepard, a gay Wyoming teenager who died after being kidnapped and severely beaten in October 1998, and James Byrd Jr., an African-American man dragged to death in Texas the same year.

To loud applause, Obama hailed the hate crimes measure in the bill as a step toward change to "help protect our citizens from violence based on what they look like, who they love, how they pray."

Several religious groups have expressed concern that a hate crimes law could be used to criminalize conservative speech relating to subjects such as abortion or homosexuality. However, Holder has said that any federal hate-crimes law would be used only to prosecute violent acts based on bias, not to prosecute speech based on controversial racial or religious beliefs.

Former President George W. Bush had threatened to veto a similar measure, but Obama brought a reversal of that policy to the White House.

When the bill won final congressional approval last week, Human Rights Campaign president Joe Solmonese called the hate crimes measure "our nation's first major piece of civil rights legislation for lesbian, gay, bisexual and transgender people."


And one the best Obama quotes:

http://thecaucus.blogs.nytimes.com/2009/10/28/obama-signs-hate-crimes-bill/ wrote:
“Prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes,” Mr. Obama said, speaking in the East Room of the White House at an evening reception, “Because no one in America should ever be afraid to walk down the street holding the hands of the person they love.”


Fan-freaking-tastic!

Edit: Oops, title was wrong.

Edited, Oct 28th 2009 8:00pm by LockeColeMA
#2 Oct 28 2009 at 6:11 PM Rating: Excellent
This is another Thing That Obama Has Done Since Being Elected that will immediately be ignored by Varrus, Gbaji, et al because it was for the gayz and doesn't count.

It only counts apparently if it involves blowing something up.
#3 Oct 28 2009 at 6:26 PM Rating: Decent
In before tailmon.
#4 Oct 28 2009 at 6:27 PM Rating: Good
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Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.

Aside from banal rumination...

Assuming the premise as true, meaning if we do need, or even have, hate crime legislation in the first place, it should be applied just like any other law: to everyone. In that regard, this is a good thing.
#5 Oct 28 2009 at 6:40 PM Rating: Good
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Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.


Be still my heart. Pensive and I agree on something.

In theory, hate crime legislation should be everything I believe in. I support the rights of minorities whole-heartedly, and find violence against them abhorrent. But I also find the notion of the thought police equally abhorrent. Yes, "state of mind" is permissible in some legal cases, but heaping on extra punishment not for what someone DID but for what they believe just doesn't sit right with me.

#6 Oct 28 2009 at 6:43 PM Rating: Decent
Ambrya wrote:
Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.


Be still my heart. Pensive and I agree on something.

In theory, hate crime legislation should be everything I believe in. I support the rights of minorities whole-heartedly, and find violence against them abhorrent. But I also find the notion of the thought police equally abhorrent. Yes, "state of mind" is permissible in some legal cases, but heaping on extra punishment not for what someone DID but for what they believe just doesn't sit right with me.


So I guess neither of you believes in anti-discrimination law either, then.
#7 Oct 28 2009 at 6:53 PM Rating: Excellent
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BrownDuck wrote:
Ambrya wrote:
Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.


Be still my heart. Pensive and I agree on something.

In theory, hate crime legislation should be everything I believe in. I support the rights of minorities whole-heartedly, and find violence against them abhorrent. But I also find the notion of the thought police equally abhorrent. Yes, "state of mind" is permissible in some legal cases, but heaping on extra punishment not for what someone DID but for what they believe just doesn't sit right with me.


So I guess neither of you believes in anti-discrimination law either, then.


Guessing their social demographic will not be too difficult as a result ...
#8 Oct 28 2009 at 7:10 PM Rating: Good
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Ambrya wrote:
I support the rights of minorities whole-heartedly, and find violence against them abhorrent.


Since when does hate crime legislation protect minorities only?
#9 Oct 28 2009 at 7:15 PM Rating: Good
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So I guess neither of you believes in anti-discrimination law either, then.


Those have nothing to do with one another.

I don't agree with what Ambrya said (sorry Ambrya's heart,) but anti-discrimination laws punish people for verifiable behavior. You picked an atrocious counter-example.

As goes hate-crime legislation, and ignoring the truly vapid comparison to laws which guarantee the freedom of behavior in our society, I'll be happy to clarify: I've got nothing against prosecuting people harder for aggravating mental factors, and nothing against prosecuting people more lightly for mitigating mental factors, because mental factors are @#%^ing important. The rub is in the details. If hate is to be an aggravating factor, then it should always be; it's not something to be tacked into some guilt-of-privilege induced legislation, but to be truly pervasive.

There's no reason why Obama should have had to add on specific categories of possible hate crime in the first place, when hate clearly isn't limited to certain spectrums. Not that I disparage him for doing so, but I lament that we can't (or did not, I guess) have a law which could already be applied like that.

***

Quote:
Since when does hate crime legislation protect minorities only?


I don't actually know, but I'm being charitable and assuming it works in all directions. If someone kills a white gay female out of hate for her whiteness, it's as bad to me as the hate for the gayness or for the femaleness.



Edited, Oct 28th 2009 9:19pm by Pensive
#10 Oct 28 2009 at 7:32 PM Rating: Decent
Pensive the Ludicrous wrote:
Quote:
So I guess neither of you believes in anti-discrimination law either, then.


Those have nothing to do with one another.


They absolutely do. Both are based not actions themselves, but the perceived motivation for those actions. In that way, they are exactly the same.
#11 Oct 28 2009 at 7:37 PM Rating: Excellent
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The reason that hate crimes are classified is that they are violent acts not just intended as individual acts but to intimidate groups of people, particularly marginalized people. Transgendered people are far more likely, as a group, to be violently assaulted (and sometimes murdered) for being transgendered as opposed to people being assaulted for being cisgendered. Everytime a transgendered person gets beaten b/c of discrimination, other transgendered people are put on notice. You don't automatically get convicted of a hate crime because you assault a transgendered person. You still have to find probable cause.


Edited, Oct 28th 2009 9:47pm by Annabella
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Turin wrote:
Seriously, what the f*ck nature?
#12 Oct 28 2009 at 7:38 PM Rating: Good
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BrownDuck wrote:

So I guess neither of you believes in anti-discrimination law either, then.


Not at all. Discrimination is an actual act in and of itself. Firing an employee, or refusing to hire someone, or denying an application or a loan or lease are not crimes. Doing so because of someone's race, religion, or what have you, however, IS. It's hard to prove sometimes, specifically because you do have to demonstrate the cause of the act, as opposed to some other, legitimate cause (i.e. person was not hired due to poor qualifications rather than race, fired not for poor performance, but because of race/sexual orientation, etc.) If you are able to do that, however, there is an actual act which is legally punishable.

"Hate crimes," however, are entirely different. The "act" which is being punished is violence, and it would be punishable under the law regardless of the motivation. Assault, murder, vandalism, etc are crimes, full stop. Regardless of who the victim is, a crime has been committed and is punishable. What hate crimes legislation does is increase the penalty depending upon the state of mind of the perpetrator. In other words, the perp is not being punished for what he did, but rather for what he thought. And that's...very, VERY iffy ground.

#13 Oct 28 2009 at 7:39 PM Rating: Good
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CBD wrote:
Ambrya wrote:
I support the rights of minorities whole-heartedly, and find violence against them abhorrent.


Since when does hate crime legislation protect minorities only?


It doesn't, but the targets of hate crimes are most frequently minorities, rather due to ethnicity, religion, sexual orientation, or whatever.
#14 Oct 28 2009 at 7:45 PM Rating: Excellent
Vagina Dentata,
what a wonderful phrase
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Quote:
In other words, the perp is not being punished for what he did, but rather for what he thought. And that's...very, VERY iffy ground.


You mean like premeditated murder as opposed to murder that is not premeditated. We make these judgments all the time. It's about intent and intended effect. They aren't "thought crimes."

Edited, Oct 28th 2009 9:45pm by Annabella
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Turin wrote:
Seriously, what the f*ck nature?
#15 Oct 28 2009 at 8:00 PM Rating: Decent
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Quote:
They absolutely do. Both are based not actions themselves, but the perceived motivation for those actions. In that way, they are exactly the same.


Not at all.

Anti-discrimination legislation creates laws which enforce new and otherwise unregulated behaviors. I can't refuse to hire someone because of that person's race. I can, however, refuse to hire someone who is a layabout and has no references. The action of hiring is not being judged at all, but a behavior which is in tandem.

A hate crime law modifies something already illegal; it's an adjective applied to some noun. It doesn't make something illegal which would otherwise be legal, but makes it worse. I can't kill someone out of hatred for their race, and I can't kill someone without the hatred of their race either. There isn't an action in tandem here, just a mental state. If hate crime laws are good, then they are good for reasons other than the reasons used to justify behavioral control.

I see why you would and could probably make a fair case for thinking of "hate" and "for the reason of race" as similar modifications of pre-exiting law. They both examine subsets of other groups, and both prohibit certain subsets of other groups, but the difference here is of...

Set X is good, and permissible
Subset Y of X is bad, and not permissible

Set X is bad, and not permissible
Subset of y is really bad, and not permissible

Quote:
Transgendered people are far more likely, as a group, to be violently assaulted (and sometimes murdered) for being transgendered as opposed to people being assaulted for being cisgendered. Everytime a transgendered person gets beaten b/c of discrimination, other transgendered people are put on notice. You don't automatically get convicted of a hate crime because you assault a transgendered person. You still have to find probable cause.


Are you talking to me, someone else, or generally?

Edited, Oct 28th 2009 10:20pm by Pensive
#16 Oct 28 2009 at 8:25 PM Rating: Good
Annabella, Goblin in Disguise wrote:
The reason that hate crimes are classified is that they are violent acts not just intended as individual acts but to intimidate groups of people,


What Anna said, retards.
#17 Oct 28 2009 at 8:46 PM Rating: Decent
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Ambrya wrote:
In other words, the perp is not being punished for what he did, but rather for what he thought. And that's...very, VERY iffy ground.


S/he's not being punished for just what s/he thought. The criminal is being punished for using thoughts in a certain way, for a specific purpose, which is to hurt someone as a microcosm of hurting lots of other people, as a representation of class. The action itself is worsened because the violence is not changed in type from like... petty theft to murder, but because the hate murder is a more harmful token instance of murder.
#18 Oct 28 2009 at 8:59 PM Rating: Good
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Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.

Aside from banal rumination...

Assuming the premise as true, meaning if we do need, or even have, hate crime legislation in the first place, it should be applied just like any other law: to everyone. In that regard, this is a good thing.


I have to agree. I am all for prosecuting people who assault, rob, murder, or intimidate minorities - but hate crime laws do tend to turn a blind eye to minority-on-white crime.

Take this story of group of black kids in Philadelphia who set out to kill as many white people as they could; they ended up killing some guy. There is zero question weather or not it was a hate crime - it was. No charges akin to racial intimidation / hate crimes were brought though. So, we have hate crime laws here in PA, but it wasnt applied when it was black-on-white crime. They were on record of saying they were targeting whites, and yet, they were not slapped with a hate crime because it was said it was more so a "(societal) class crime."

And that is why we shouldnt have hate crime laws: its not applied equally.

And whats the danger in having these hate crimes if they arent applied equally to everyone? Well, firstly its grotesquely unjust - which was mentioned. But also.....

As a white, liberal guy who lives on the edge of a KKK stronghold (Boyertown, PA), I come into frequent contact with the dregs of white society. If you are a white liberal near a town like this, you will be called a nÃgger lover and you will be harassed from time to time - and you put up with it, because its the right thing to do. What so many people dont understand is that white supremacist groups use the obvious laws that are tipped in minorities favor as recruitment, and it is effective. When Robert Pierson was murdered by that animal (and fyi, if he was white I would have still said animal), the KKK in the area literally ate up that story and then, when no hate crime charges came, it was "see? the liberals wont even hold the nÃgger to a hate crime! Us whites have to stick together now more than ever, because minorities - and white liberals - are going to destroy the white race."

It doesnt matter if on some academic level someone, somewhere can justify a law that overwhelmingly applies to the prosecution of white people over minorities, if only to level the playing field. An academic win is NOT worth the recruitment power of such things to white supremacists.
#19 Oct 28 2009 at 9:15 PM Rating: Good
Vagina Dentata,
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If someone wants to join white supremacist group, that's pretty much on them.
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Turin wrote:
Seriously, what the f*ck nature?
#20 Oct 28 2009 at 9:20 PM Rating: Decent
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Okay, wow, I just suck at talking I guess. That's at least two people who have quoted me and seem to think that Obama signing this stuff is not good, because the category of hate crimes is too troublesome to deal with. I'm going to try to put it in better terms...

Quote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.


"I like the fact that prosecuting a murder can be made more severe by counting ones motivated by hatred, however, I am not sure that the mental state of this legislation is pure insofar as attempting what it might claim to do. The motive should be to stop hate, not political lip-service. In any case though, we have mitigating and aggravating circumstances in other crimes (implicit: the motive of which may be also not pure) so whatever"

Quote:
Assuming the premise as true, meaning if we do need, or even have, hate crime legislation in the first place, it should be applied just like any other law: to everyone. In that regard, this is a good thing.


"In any case, let's say that the category of crime is legitimate. Because of that, everyone should be free of hate. In that regard, the broadening of this status to include more people is a good thing"
#21 Oct 28 2009 at 9:36 PM Rating: Decent
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ManifestOfKujata wrote:
but hate crime laws do tend to turn a blind eye to minority-on-white crime.


No, stupid people not understanding their full scope causes them to not be applied in several cases where they should be.

ManifestOfKujata wrote:
And that is why we shouldnt have hate crime laws: its not applied equally.


Yeah, that one case you've found sure shows overwhelming proof of a rampant problem.

I'm not denying the possibility of one, but this is similar to something I said to gbaji recently regarding how "useful" social programs are. What percentage of cases that should have hate crime laws applied and don't is the cut-off for "unacceptable"? 25%? 10%? 1%? 0.001%? At what point does your desire to see human error be nonexistant overpower the need for these laws?

ManifestOfKujata wrote:
the obvious laws that are tipped in minorities favor as recruitment, and it is effective.


Again, the laws are not tipped in anyone's favor. The KKK is able to convince stupid people that they are. They seem to be doing a pretty good job with you.

ManifestOfKujata wrote:
An academic win is NOT worth the recruitment power of such things to white supremacists.


I'm going to go out on a limb and guess you're a straight, white, male. Let me know if I'm wrong.
#22 Oct 28 2009 at 9:53 PM Rating: Good
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CBD wrote:


Yeah, that one case you've found sure shows overwhelming proof of a rampant problem.


Funny, thats the same argument I get from the white people I argue with when I give them an example of police harassing blacks.

CBD wrote:

I'm not denying the possibility of one, but this is similar to something I said to gbaji recently regarding how "useful" social programs are. What percentage of cases that should have hate crime laws applied and don't is the cut-off for "unacceptable"? 25%? 10%? 1%? 0.001%? At what point does your desire to see human error be nonexistant overpower the need for these laws?


And what is the purpose of these laws? To deter people from committing a hate crime? Do you have any evidence to suggest it is a deterrent? In other words, why are you measuring the success of it?


CBD wrote:

I'm going to go out on a limb and guess you're a straight, white, male. Let me know if I'm wrong.



And so what if I am? Are you trying to make some sort of assumption about me if I am? Arent we taught that is wrong to do? Would you think that my opinion matters less if I am? Isnt that discriminatory in and of itself?

Edited, Oct 28th 2009 11:59pm by ManifestOfKujata
#23 Oct 28 2009 at 9:58 PM Rating: Decent
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Pensive,

My apologies if I made it sound as if I was putting words in your mouth, or saying that you thought it was bad for the reasons I gave.

Dont get me wrong, the idea of hate crime laws are good, I just dont see how they could be practically enforced while doing more good than harm.

Besides, I always felt that all crimes were "hate" crimes, just not in this sense. Maybe the real answer is to find a way to route out the police and / or prosecutors who treat minorities with disdain / less importance than the majority.

Edited, Oct 28th 2009 11:59pm by ManifestOfKujata
#24 Oct 28 2009 at 10:05 PM Rating: Decent
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Quote:
Besides, I always felt that all crimes were "hate" crimes, just not in this sense.


Yes, but that's the point though. Not all crimes are from hate - stealing bread to live, for example - but a lot of them are, sure. The hate here is compounded though; it's the hate of someone as a symbol, instead of as a mark of vengeance or malice against that person in itself. The word "hate" is a stupid one, really, to talk specifically about just one example of it, but it seems to serve its point well enough. Minimizing this brand of hate just cos it's an inelegant description is foolish.

Quote:
Dont get me wrong, the idea of hate crime laws are good, I just dont see how they could be practically enforced while doing more good than harm.


Well get on proving that man. It's something with a pretty real verification condition, so long as you can define what you mean by harm. Research and tally.
#25 Oct 28 2009 at 10:17 PM Rating: Decent
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ManifestOfKujata wrote:
Funny, thats the same argument I get from the white people I argue with when I give them an example of police harassing blacks.


It's a shame you're surrounded by people who live in a bubble of delusion. I, on the other hand, seem to be surrounded by people who understand the reality of the situation. Do you have anything else to share now that we've established personal anecdotes are useless?

ManifestOfKujata wrote:
In other words, why are you measuring the success of it?


If you enjoy your government passing laws for sh*ts and giggles, all the more power to you. I, and I would argue most people, don't.

ManifestOfKujata wrote:
And so what if I am? Are you trying to make some sort of assumption about me if I am?


As an entertaining side note before I respond to this, I missed the part of your post where you said you are a white man.

It is a lot easier to take your stance on hate crimes when, to take a personal example, you aren't the one having to worry about getting murdered for holding hands with the person you love. You can understand the fear, but living it is something entirely different.

ManifestOfKujata wrote:
Arent we taught that is wrong to do?


No, not necessarily.

ManifestOfKujata wrote:
Would you think that my opinion matters less if I am?


Nope, I'd say that you're missing a few key experiences though.

ManifestOfKujata wrote:
Isnt that discriminatory in and of itself?


Why the fuck are you assuming that I'd answer a certain way and asking another question based off of that? Who taught you that was a good idea, gbaji?

Edited, Oct 29th 2009 12:40am by CBD
#26 Oct 28 2009 at 11:38 PM Rating: Decent
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South Park already did it.

Cartman's Silly Hate Crime, 2000, season 4 I believe.
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we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
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