I hate hate crimes? Is that a crime?

President Bush is threatening to veto a new piece of legislation expanding Federal jurisdiction over hate crimes to cover gender and sexual orientation...on the surface. Underneath all the media hype about a double standard for not protecting homosexuals and trans-gender types, the bill actually greatly expands the reach of the Feds into "hate" crimes. I know, I know, who would have thought that the Federal government would do something to expand their power under the guise of doing the right thing, and if you're really paying attention you would also not be surprised that the media missed that and focused on "W hates gays" (which may be true, or not, I don't know. I do know that there's no way I'm buying the "I don't want to expand federal power " line, not from the biggest fan of big government since FDR). However, I too would veto this legislation.

Bottom line? This bill will actually expand federal powers far beyond their current reach and I'm not a fan. However, Congress could actually do what they're saying by simply amending the 1969 federal hate-crimes law to add protection for sexual orientation. The Volokoh Conspiracy does a nice job distinguishing between this bill and the 1969 law (for some reason Volokoh and many other sources have it as a 1968 federal hate-crimes law-Wikipedia says 1969). Also, here's a quick take from Sarah Scanlon, Regional Field Director for the Human Rights Campaign.

I think, again, that the Dems just do not think strategically. Simply doing what they say has the obvious benefit of being a pleasant change from any political body, it also puts W under pressure. If he vetoes a simple amendment to the 1968(9) law, then it forces him to veto it to appeal to his base and further harm his standing with mainstream America (helping the Dems), or allow it (helping the Dems). W wouldn't be able to hide behind "expanding federal powers" and would find himself in a no-win situation, and the Dems would be helping their base in the process. Lose-lose for W, win-win for the Dems. Sometimes simple is better.

Hate Crime legislation is a whole nother ball-o-wax. Personally, I bounce back and forth, but generally settle in against them. I do think motive matters, as does circumstance. I also think that most of motive and circumstance can be handled in the sentencing process. If a crime has a 3-5 year sentence guideline, then I think you get five if your motive was particularly heinous, and three if not. However, with more things like mandatory sentencing and leeway being taken away from judges and juries by the legislative branch, then we will find ourselves in the position of having to think through and legislate things like "hate crimes."