Christian conservatives fight expansion of hate-crimes law*

By Tiffany Stanley, Religion News Service

WASHINGTON — Conservative Christian leaders are fighting a bill that
would provide federal hate-crimes coverage to gays and lesbians,
prompting questions of who, if anyone, should be protected by such laws.

With a Democrat-controlled Congress and a president who has indicated
his support for the Matthew Shepard Act, time may be running out for its
opponents. To stop the legislation, a few Christian leaders have
suggested repealing all hate-crimes law, which would undo historic
protections for race and even religion.

"The entire notion of hate-crimes legislation is extraneous and
obsolete," said Matt Barber, director of cultural affairs with the
conservative nonprofit Liberty Counsel, adding that he believes
hate-crimes laws are unconstitutional.

In addition, a number of Christian conservatives have raised fears that
pastors would be prosecuted for inciting hate crimes if they had
preached against homosexuality, despite assurances that the law only
targets physical violence.

"All violent crime is hate crime," said Tom McClusky, vice president for
government affairs at Family Research Council here in the capital. "What
drives an individual to commit a violent crime but hate for their victim?"

Hate crimes are only named as such when victims are targeted
specifically because of their race, color, religion or national origin.
Convictions for hate crimes carry harsher sentences because the
victimization goes beyond the individual targeted.

"If you burn a cross on someone's lawn, or put a swastika on a
synagogue, the intent is not just vandalism," said David Stacy, senior
public policy advocate of the gay rights group Human Rights Campaign, a
strong backer of the bill. "It's to send a message to intimidate the
community."

Many religious groups publicly support the Matthew Shepard Act, even if
their denominations view homosexuality as sinful. A 2007 Gallup poll
showed a majority of Americans (68%) favor expanding hate-crimes
protections. Majorities of frequent churchgoers (62%), conservatives
(57%), and Republicans (60%) also were in favor of the legislation.

The Matthew Shepard Act, named for a gay Wyoming man slain in 1998,
would add sexual orientation, gender identity and disability to the list
of federally-protected classes. It would also allow federal support for
state and local police investigations, which often come with a hefty
price tag.

The bill's supporters doubt the sincerity of the Christian right's
constitutional arguments.

"These groups have long opposed any rights for lesbian, gay, bisexual or
transgendered Americans," said Stacy. "One certainly has to question
whether they believe this about hate-crimes laws in general or rather
that this is really about their own bias against the LGBT community."

If, as opponents of the bill say, gays and lesbians do not deserve hate
crime protections, then who does?

Focus on the Family does not favor repealing hate-crime laws, but sees
sexual orientation and gender identity as changeable, unlike race, for
instance, said Ashley Horne, federal policy analyst for the
Colorado-based group.

While Horne acknowledges individuals can change their religion, that
category is the exception to the rule because "the government has
historically protected religion since the founding of this country."

The current federal hate-crimes law was put in place in 1968, during the
Civil Rights era.

Barber and organizations like the FRC and the Alliance Defense Fund say
the constitution covers all citizens adequately, without hate-crimes
provisions.

"Everyone is receiving equal protection under the law, regardless of
race, religion, gender, homosexuality, favorite color or 'American Idol'
pick," Barber said.

Hate crimes often go underreported. FBI statistics show annual hate
crimes number around 7,000. However, a 2005 study done by Department of
Justice provided victim numbers as high as 190,000.

Conservative groups said that proves local law enforcement officials are
already doing the job without need of additional legislation.

"There is no evidence that a lack of prosecutions is occurring," said
Erik Stanley, senior legal counsel of Alliance Defense Fund. "There is a
well-documented pattern that these crimes are being punished under
current criminal law without adding any kind of hate crimes provisions."

In Matthew Shepard's case, his killers received life sentences without
hate crime laws; but the prosecution was expensive, with no help from
federal funds. The proposed legislation would help local prosecutors tap
federal resources.

Sean Kennedy, a 20-year-old gay man, was killed in South Carolina in
2007 in what many call a hate murder. His killer, Stephen Moller, was
convicted of involuntary manslaughter, and is serving 12 months and 2
weeks in prison.

His mother, Elke Kennedy, believes if the Matthew Shepard Act had been
in place, federal authorities could have stepped in, providing longer
sentencing.

"I can't do anything to change the past," she said. "What I can do is
take my energy in a positive way and help get the Matthew Shepard Act
passed at the federal level and then work to change South Carolina laws."