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Hate crimes bill - law by the weekend?

A spokesman with the American Family Association says the hate crimes bill passed Thursday afternoon by the House could have a chilling effect on free speech and religious freedoms in the nation. If the bill passes the Senate, federal prosecutors will be able to intervene in cases of violence against people because of gender, sexual orientation, "gender identity," or disability. (See Associated Press story below)

Bryan Fischer is director of issues analysis for the American Family Association. The bill passed by the House, he says, is alarming. (The vote on HR 2647 -- the Defense Authorization bill to which the hate crimes legislation was attached -- was 281-146; see roll call vote)

"For the first time in American history we are criminalizing thought," Fischer laments. "Thomas Jefferson said the reach of legislation should extend to actions only and not to opinions -- and now we are punishing people not just for what they did, but what they were thinking when they did it.

"It's also going to have a chilling effect on freedom of speech, especially religious speech. And [in] other places where these hate crimes bills have gone into effect, pastors have wound up in jail or fined for preaching a biblical view of homosexuality."

Fischer says he would not be surprised if the bill passes through the Senate by the weekend. "I suspect the president is putting pressure on some Democrats in Congress to get this done so he can sign it by Saturday night," says the AFA spokesman. "[That very evening] he's going to give the keynote address at the Human Rights Campaign dinner. That's the major homosexual advocacy group in the nation. I think he wants this scalp on his belt walking into that dinner."

He also has concerns about overturning such legislation in the near future. "Something like this is going to be very difficult to repeal," Fischer admits. "It's doable, but again [there's] a slim chance that Republicans or conservatives will have control of either the House or Senate in 2010 -- so we'll be fighting a rear-guard battle for some time now."

The hate crimes amendment is attached to a $681-billion Pentagon policy measure that now heads to the Senate.

Story continues below ...

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House moves to extend hate crimes to cover homosexuals



Associated Press smallWASHINGTON DC - Assaulting people because of their sexual orientation would become a federal hate crime in legislation the House voted on Thursday. The bill would significantly expand the hate crimes law enacted in the days after Martin Luther King Jr.'s assassination in 1968.

Should the Senate also approve the bill, federal prosecutors will for the first time be able to intervene in cases of violence perpetrated against people based on their sexual orientation or "gender identity." President Obama is a strong supporter of the hate crimes legislation.

Civil rights groups and their Democratic allies have been trying for decades to broaden the reach of hate crimes law. "It's a very exciting day for us here in the Capitol," said House Speaker Nancy Pelosi, D-Calif., saying hate crimes legislation was on her agenda when she first entered Congress 22 years ago. The late Sen. Edward Kennedy, D-Mass., was a longtime advocate of the legislation.

Many Republicans, normally stalwart supporters of defense bills, voted against the must-pass defense bill because of the addition of what they referred to as "thought crimes" legislation.

"The very idea that we would erode the freedoms for which our soldiers wear the uniform in a bill that is designed to provide resources those soldiers need to get the job done and come home safe is unconscionable," said Rep. Mike Pence of Indiana, a member of the Republican leadership.

GOP opponents were not assuaged by late changes in the bill to strengthen protections for religious speech and association -- critics argued that pastors expressing beliefs about homosexuality could be prosecuted if their sermons were connected to later acts of violence against homosexuals.

Tom McClusky, vice president of the conservative Family Research Council's legislative arm, said the next step likely would be contesting the legislation in court. "The religious protections are pretty flimsy," he said. He contended that Democrats were trying to move their "homosexual agenda" this year because it would prove unpopular with voters next year.
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