Within the past year hate crimes has become an issue that many have heard about but few have closely examined. For several years, Traditional Values Coalition has been looking into the issue and carefully researching the various legislative initiatives that are being proposed. Soon, we discovered that much of the noise was little more than a masquerade to conceal a very dangerous agenda.

Today, the hate crimes masquerade is frantically propelling itself into the private lives of American citizens by riding the emotional outrage of several tragic incidents. These incidents were terrible and Traditional Values Coalition opposes all acts of violence. In fact, TVC believes that the perpetrators of these crimes should be punished to the fullest extent of the law, which in all of the cases would be life in prison or the death sentence.

HOSTING THE MASQUERADE

The tragic murders of James Byrd and Matthew Shepherd has ignited a call for the federal government to pass federal hate crimes legislation. This proposed legislation became the host of the masquerade. Subtle, emotional and seemingly tough on crime the legislation is literally a Pandora's box for families, churches, schools, state courts and the Constitution.

THE PROBLEMS

At first, the hate crimes legislation may seem like a congressional initiative that is tough on crime. But in reality the bill has some serious constitutional problems.

1. Anti Christian: Hate Crimes legislation is anti-Christian because it elevates gays, lesbians, bisexuals and transgenders to a special protected status. This "acceptance" and "protection" of homosexuality as a lifestyle is a teaching that is contrary to Christian teachings. The ramifications that this will have on pastors, parents and children will be devastating. Furthermore, the elevation of such a lifestyle into a protected group is a government endorsement of that lifestyle.

2. Unconstitutional: Federal hate crimes legislation is a federal intrusion on the activities of state and local governments. The Constitution gives limited power to the federal government. In fact, the Constitution specifically expresses that all powers not assigned to the federal government are to be reserved for the states. In the case of crimes, the states have jurisdiction. However, the proposed legislation would override the authority of the states and greatly expand federal authority. This expansion of federal authority is unconstitutional; it concentrates too much power in one place and threatens the freedom of all.

3. Unnecessary: The news coverage of recent hate crimes rocked the entire nation. The most horrific details have been told and retold until they have burned a mental image of a crime that must be punished -- indeed a crime that will be punished. Many advocates of hate crimes legislation are deceiving the American public into believing that such crimes will go unpunished. This is patently untrue. In fact, every act of violence which will be "criminalized" by the proposed bill is already criminal within every state.

4. Ineffective: The political popularity of being tough on crime has led many legislators to adopt the approach that federalizing crime is beneficial. However, according to the American Bar Association and Chief Justice William Rehnquist, federalizing crime is not only unconstitutional and unnecessary, but it is also surprisingly ineffective.

5. Intrusive: The hate crimes legislation is extremely intrusive because it would force federal prosecutors to investigate the beliefs and thoughts of a criminal defendant. Such investigations pose substantial risks to the First Amendment rights of all American citizens.

6. Unfair: The proposed hate crimes legislation expands federal jurisdiction to include any acts of violence motivated by hate against a specific group. The identification of groups that are to be given special protection is an unfair and discriminatory practice.