Utahn backs hate-crimes bill
Shurtleff testifies in D.C.; others deny measure is needed
The Local Law Enforcement Hate Crimes Prevention Act of 2007 would outlaw injuring someone based on his or her race, color, religion, national origin, gender, sexual orientation, gender identity, or disability at any time.
Some critics says this gives gay citizens unneeded extra protection and can lead to limiting religious speech of those who believe homosexuality is wrong, while others said the legislation might actually cause more problems as opposed to stopping them.
But Shurtleff said he and the 25 other state attorneys general who support the bill are not asking Congress to "punish thought," but to punish criminal conduct proven to be directly linked to bias against one of the groups protected under the law.
Under current law, the Justice Department can only prosecute hate crimes cases if the victim is engaged in a federally protected activity, like voting, according to Shurtleff's testimony. The pending bill would allow the federal government to prosecute suspected hate crimes no matter what the victim was doing when the crime took place.
Shurtleff's pointed to Utah's own hate crime law, which he called "a good start" but that he would like to see federal protection to help citizens.
But Timothy Lynch, director of the Project on Criminal Justice at the Cato Institute, told the House panel that the bill is "counterproductive."
"I believe it will actually create more problems than it is going to solve," he said.
Lynch said he would rather see federal law enforcement focus on terrorism and homeland security issues. He also noted that the crimes prevent by the hate crimes bill are already illegal under other laws and people have been prosecuted for those crimes.
"A federal law is not going to prevent anything," Lynch said. "Any thug that is already inclined to hurt another human being is not going to lay down the gun or knife because Congress passed some new law."
He also said it is hard to decide what prejudices should be protected and what should not.
"If some groups, (women, gays, environmental political activists, whatever) are left out of the 'hate crime' definition, they will resent the selective depreciation of their victimization," Lynch said. "On the other hand, if all victim groups are included, the hate crime category will be no different than 'ordinary' criminal law."
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