So-Called hate crime bill threatens religious freedom

April 17, 2009 – Rep. John Conyers (D-MI) and Rep. Mark Kirk (R-IL) have re-introduced H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009. It includes “gender identity” as a protected category under federal law. “Gender identity” refers to a male or female who believes they are the opposite sex. This means cross-dressers, drag queens, and transsexuals (known collectively as “transgendered” persons.)The main purpose of this legislation is to elevate homosexuality, bisexuality, and gender identity to race. H.R. 1913 will add the categories of “sexual orientation” and “gender identity,” “either actual or perceived,” as new classes of individuals receiving special protection by federal law. Sexual orientation includes heterosexuality, homosexuality, and bisexuality. Gender identity includes such gender confused behaviors as cross-dressing, transvestism and such conditions as transsexualism.

The so-called hate crimes bill will be used to lay the legal foundation and framework to investigate, prosecute and persecute pastors, business owners, Bible teachers, Sunday School teachers, youth leaders, Christian counselors, religious broadcasters and anyone else whose actions are based upon and reflect the truths found in the Bible.

H.R. 1913 broadly defines “intimidation. A pastor’s sermon could be considered “hate speech” under this legislation if heard by an individual who then acts aggressively against persons based on any “sexual orientation.” The pastor could be prosecuted for “conspiracy to commit a hate crime.”

Supporters of H.R. 1913 claim the legislation only covers bodily injury. In actuality, it opens the door to the possibility that religious leaders or members of religious groups could be prosecuted criminally, based on their speech or protected activities under conspiracy law or the criminal code-- and could include conduct or speech that aids, abets, counsels, commands, induces, procures or causes the act to be done by another. Ultimately, a pastor’s sermon concerning religious beliefs and teachings on homosexuality and gender confused behaviors could be considered to cause violence and will be punished or at least investigated.

Also, by requiring criminal investigations to focus on a suspect’s thoughts and specific intent, federal law enforcement agencies will now be able to focus on a suspect’s religious beliefs, membership in religious organizations, speech and activities conducted by a church, and any past statements made to, or by, a suspect, all in the name of determining whether a suspect acted with a prohibited “bias.”

Ultimately, a pastor’s sermon concerning religious beliefs and teachings on homosexuality and gender confused behaviors could be considered to cause violence and will be punished or at least investigated. Once the legal framework is in place, political pressure will be placed on prosecutors to investigate pastors or other religious leaders who quote the Bible or express their long-held beliefs on the morality and appropriateness of homosexuality and other sexual behaviors. Religious teachings and common beliefs will fall under government scrutiny, chilling every American’s right to worship in the manner they choose and to express their religious beliefs.

H.R. 1913 falsely claims “the incidence of violence motivated by the actual or perceived …sexual orientation, and gender identity...poses a serious national problem.” FBI statistics from 2007 (the latest available) reveal that there is no national epidemic of hate against minority groups or against homosexuals.

These are some of the serious problems with the legislation:

This so-called “hate crimes” amendment will make 30 sexual orientations into federally-protected minority groups! The American Psychiatric Association (APA) has published 30 such sexual orientations that, because of Congress’s failure to define “sexual orientation,” will arguably be protected under this legislation. These 30 orientations are listed in the APA’s Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), which is used by physicians, psychologists, social workers, nurses, and psychiatrists throughout the U.S. It is considered the dictionary of mental disorders. Those 30 sexual orientations include behaviors that are felonies or misdemeanors in most states or can result in death.
Serious Threat to Religious Liberties. This language begins to lay the legal foundation and framework to investigate, prosecute and persecute pastors, business owners, and anyone else whose actions are based upon and reflect the truths found in the Bible. So-called “hate speech” which could include a pastor’s sermon, Sunday School teacher, counselor, Christian school teacher, an author, citizen activist who writes a letter to the editor, or individual speech against homosexual behaviors, could become the target of zealous pro-homosexual federal prosecutors! During the House Committee debate on H.R. 1592 (Conyers’ clone bill of S. 1105) Representative Artur Davis admitted to Rep. Louie Gohmert (R-TX) that the “hate-crimes” bill could be used to prosecute pastors for their sermons if they incite or are an “inducement” to violence. Rep.Gohmert explains this in a YouTube video.
H.R. 1913 is based upon a fraudulent premise: That there’s an epidemic of so-called “hate crimes” against LGBT persons that needs federal involvement for local law enforcement officials!

Absurd ‘Findings’ Don’t Pass The Straight-Faced Test In H.R. 1913

This so-called hate crimes bill, H.R. 1913, claims that there is a national epidemic of hate directed against LGBT people. It claims this epidemic is so severe and widespread that these individuals flee to other states to escape persecution. In fact, it says that these individuals can’t find jobs or purchase goods in their home states because they’re so persecuted. And, when they travel across state lines, they’re pursued by their attackers!

Surely, if there are so many gays, lesbians and cross-dressers fleeing across state lines, the highway patrol would be aware of this. Wouldn’t this be national news? These are phony arguments.

It is obvious that there is no need for this legislation. In the “Findings” section, fraudulent statements are presented to provide justification for this Act. H.R. 1913 indicates local law enforcement officials are so overwhelmed by these hate crimes that federal involvement is needed to cope with this problem. This is an unfounded statement.

H.R. 1913 Built On False Premises: Makes the following fraudulent and ridiculous claims in Section 2:

*Homosexuals, lesbians, bisexuals and transgenders are fleeing across state lines to avoid persecution;

*Perpetrators are crossing state lines to commit crimes against them;

*Homosexuals, lesbians, bisexuals and transgenders are so persecuted they have trouble purchasing goods and services or finding employment.

These false claims about LGBT’s fleeing across state lines are being used as a hook to justify federal involvement in local law enforcement through the Interstate Commerce Clause of the Constitution.

Bill Invokes the Commerce Clause Of The Constitution: In order to create federal authority over local law enforcement concerns, H.R. 1913 claims that federal involvement is needed based upon the Commerce Clause of the Constitution. It’s a phony argument to justify federal intrusion into local law enforcement.

Section 2 does this by making the absurd claim that the persecution of homosexuals (and other groups) is so pervasive that many of them have had to move across state lines to avoid injury. Section 2 goes on to claim — without a shred of evidence — that these individuals are so persecuted that they are limited in their ability from “purchasing goods and services, obtaining or sustaining employment or participating in other commercial activities.” In addition, Section 2 claims there is a crisis epidemic of “perpetrators crossing State lines to commit such violence” against homosexuals and cross-dressers.

These are ridiculous and false claims, but are being used by liberals to justify federal involvement in local law enforcement through the Commerce Clause.

If liberals were truly concerned about the alleged persecution of LGBT persons fleeing across state lines, they should have called for amending the 14th Amendment. Under Section 5, it grants the federal government the power to make certain that states do not deprive persons protected by the 14th Amendment the right to life, liberty and property.

By invoking the Commerce Clause, however, they have tacitly admitted that LGBT persons are not protected classes under the Constitution. If liberals really wanted to make LGBT persons into special protected classes, they should amend the 14th Amendment. They know, however, that Americans would never permit this — so they invent nightmare scenarios and use the Commerce Clause to justify federal intervention into local law enforcement affairs.

Additional Resource:
Text Of H.R. 1913

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