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- Xref: sparky soc.motss:48396 alt.politics.homosexuality:7394 co.politics:2206
- Newsgroups: soc.motss,alt.politics.homosexuality,co.politics
- Path: sparky!uunet!caen!nic.umass.edu!titan.ucc.umass.edu!quilty
- From: quilty@titan.ucc.umass.edu (Humberto Humbertoldi)
- Subject: "Gay-Bashing"
- Message-ID: <BxyCuE.AB@nic.umass.edu>
- Sender: usenet@nic.umass.edu (USENET News System)
- Organization: University of Massachusetts, Amherst
- References: <1992Nov12.191913.8438@ncar.ucar.edu> <1992Nov12.193724.22309@tc.cornell.edu> <Bxv7wx.Dx5@acsu.buffalo.edu>
- Date: Thu, 19 Nov 1992 07:30:13 GMT
- Lines: 67
-
- In article <Bxv7wx.Dx5@acsu.buffalo.edu> pfohl@ubvmsb.cc.buffalo.edu (Anne Pfohl) writes:
- >In article <1992Nov12.193724.22309@tc.cornell.edu>,
- > shore@dinah.tc.cornell.edu (Melinda Shore) writes...
-
- >..and since, in fact, CO #2 *does* legalize discrimination, how
- >would one go about prosecuting an incident of gay bashing in
- >Colorado now? Would it have to be tried as assault, with no
- >reference to it being a hate crime, or motivated by hatred of
- >gays?
- >
- >If that's the case, gay bashing wouldn't exist in Colorado,
- >because the crimes could not be identified as such in order to be
- >prosecuted.
-
- There seems to be a tricky issue here, which I would like to bring up.
- It's a different thread, I know, but it's also a different subject
- line:
- I really don't think there SHOULD be specific laws against
- "gay-bashing," nor any of the other "hate-crimes" type laws which are
- popping up relative to other categories victims (race, sex, religion,
- etc.). To me, laws against "hate-crimes" only serve to try someone on
- the basis of their ideological beliefs, rather than on their criminal
- behavior. This seems like a fundemental abridgement of rights to free
- expression of belief, or even to simply BELIEVE a belief. As
- abhorrent as it is for someone to HATE someone on the basis of their
- sexuality, race, sex, or whatever -- I for one most certainly do not
- want THE STATE stepping in to regulate and illegalize such BELIEF.
- Now, of course, if someone acts on a hateful belief, and goes
- and beats up on gays qua gays (for example), they should most
- certainly be tried on assault and other related charges. But to
- charge them based, not on the character of their actions, but on its
- motivation, seems like a dangerous infringement of freedom of thought.
- This also does not mean -- as the previous poster suggests -- that
- *statistics* could not then be kept of "hate-crimes". Police report
- many things about crimes committed besides the charges ultimately
- brought. For example, national figures are kept (based on local
- police reports) of numbers of assaults by family members versus
- strangers. This does not imply that there is a separate criminal
- statute for "assault by family member" and "assault by stranger" --
- it's just something filed in police blotters and nationally collected.
- Such similar figures would still be relavant to "hate-crimes" even in
- the absence of differentiating statutes.
- All of this is very different from laws against
- DISCRIMINATION. Discrimination is always, by definition, an act which
- is carried out. On the other hand, I don't think that mere
- discriminatory intent should be litigable if it's not carried through
- in action. It's a little difficult here to consider the opposite
- case, however: I don't really know how one can "discriminate" without
- discriminatory intent (at least unconscious intent). I suppose
- discriminatory effect should probably be litigable even where intent
- can not be shown (despite a series of recent right-wing supreme court
- decisions to the contrary), but even here it's hard to make a close
- analogy with the "hate-crimes" issue since we're talking about civil
- rather than criminal action. That is, if someone discriminates, and
- then it is shown that they ALSO had discriminatory intent, there is --
- and SHOULD BE -- no additional liability for damages (one is
- already responsible for lost wages, loss of property, etc, either
- way). The analogy with "hate-crimes" I mean to be drawing is just
- that, where "hate-crime" laws exist, if one is found guilty of
- assault, then later shown to have a "hateful-intent" behind the
- assault, one IS LIABLE for additional criminal penalties! Talk about
- "double jepardy!"
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