Hate-crimes legislation opens a religious divide

People of faith universally condemn hate crimes, but a proposed expansion of the federal law covering such acts has drawn a deep dividing line in the religious community.


The Local Law Enforcement Hate Crimes Prevention Act, which passed the House of Representatives in May by a vote of 237-180, would strengthen the existing federal hate-crimes law to include gender, sexual orientation, gender identity and disability. The measure would also broaden the circumstances under which the law could be applied and would provide for assistance to local authorities in investigating and prosecuting such crimes. A companion version of the bill now awaits Senate consideration.

The bills have drawn broad congressional backing, with 171 co-sponsors in the House and 43 in the Senate (search for HR 1592 and S 1105 at Thomas).

Public support also appears to be strong: A Gallup Poll in May 2007 found that 68 percent of Americans favor expanding hate-crimes law to include sexual orientation, gender and gender identity, compared with 27 percent who oppose the idea.

Among religious groups, every major mainline Protestant denomination, many Jewish organizations and the major Muslim and Sikh associations support the bill. They say their religious principles demand equal protection of all people. But many conservative Christian groups oppose the measure. While condemning hate crimes as heinous, they fear that preaching against homosexuality, which they consider sinful, could be deemed a hate crime under the legislation. Further, they say clergy could be prosecuted if someone committed a hate crime because of a sermon or pastoral counseling labeling homosexuality immoral. Many constitutional specialists say these fears are groundless, as such speech would be protected by the First Amendment.

Meanwhile, the White House has threatened a veto if the legislation, which it calls “unnecessary and constitutionally questionable,” reaches President Bush’s desk.

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