Jesus Cries When Christians Lie
A new version of the hate crimes law being debated in Congress would add sexual orientation and gender identity to the list of currently covered conditions, including race, color, religion, national origin, gender or disability.
Christian extremists, including a cadre of rightwing African-American preachers, are engaged in a coordinated disinformation campaign to convince their followers that this new law, dubbed the Matthew Shepherd Act, would institute new penalties, including jail time, for their hate speech against gays.
Of course, the bill has no such language. Speech, even hate speech, is fully protected under the First Amendment. The new law only criminalizes actions that lead to the bodily harm of the protected groups.
In editorial in the Los Angeles Times today, Geoffrey Stone debunks the Christian disinformation campaign:
[The preachers'] claim … is that they could be prosecuted merely for preaching against homosexuality. They fear that such sermonizing might be transmogrified by the law into an attempt to incite members of their congregations to lynch gays because of their sexual orientation.
For at least three reasons, this argument is completely unfounded. First, the Matthew Shepard Act would not prohibit “attempts to incite.” It would prohibit only the infliction of bodily harm and attempts to cause bodily harm. The latter refers to firing a gun and missing, not giving a sermon.
Second, it is settled 1st Amendment law that an individual cannot constitutionally be punished for attempting to incite others to commit crimes unless the speaker expressly incites unlawful conduct and such conduct is likely to occur imminently. The last time the Supreme Court upheld a criminal conviction for incitement was more than half a century ago, in the case of Dennis vs. U.S., and that involved incitement to violent overthrow of the government. Unless the pastors intend to expressly incite wild-eyed mobs to beat up gays because of their sexual orientation, they are in no danger from this law.
Third, the legislation expressly provides that “nothing in this act … shall be construed to prohibit any expressive conduct protected” by the 1st Amendment. In other words — indeed, in the most explicit words possible — the act could not be applied to the pastors unless their sermons are unprotected by the 1st Amendment, a concept that is impossible to imagine.
A law with nearly identical wording protecting blacks from hate crimes has been on the books for years. And yet no one has ever been arrested for using the N-word or, certainly, for hateful thoughts against African-Americans. Think about it: If hateful speech and thoughts about blacks were illegal, the comedian Michael Richards and 99 percent of the Republican Party would be in jail.
So what is really going on here?
Greed.
Organized homophobia is a multimillion-dollar industry in this country. The people at the top — the preachers in the hustings and bureaucrats at hate organizations like the American Family Association and others — will do or say anything to keep the law from reflecting the reality that gays are decent, moral people who deserve basic human rights.
The more the law recognizes the civil rights of gays, including the right to marry, the harder it becomes for professional homophobes to create an atmosphere of hatred and fear about them, which makes it difficult to raise money and line their pockets.
- Topic: Politics
- Topics: Gay Politics, Jesusland
Hate Crimes Bill Will Not Restrict Bigots from Using the ‘N-Word’ – Or Ministers from Preaching Hate against Gays…
The professional homophobe community is engaged in a disinformation campaign to convince their followers that the Matthew Shepherd Act would criminalize their hateful speech and thoughts against gays. But think about it. A similar law protecting Africa…
There’s a huge difference between taking Rush Limbaugh, Glenn Beck, and Michael Savage off the air for saying bigoted things everyday… and throwing them in jail for saying it.
They have every right to believe the hateful things they believe, they just shouldn’t be able to say it over national television.
If a rapper (or Richards) wants to say the N-word 30 times, congrats. What do I care? As long as they don’t do it over the airwaves, I’m happy.
If homophobia was a crime, about 90% of christians would be in jail. Its not exactly… practical. Hell, half my family would be prosecuted (Not that I wouldn’t love to see them rotting in jail for their bigotry)… but still.
Sorry for the rambling!
Gee! It’s only “hate speech” when liberals and Democrats do it. Or when someone says they’re against the war. Or against George Bush. Or for civil rights.
Those fake “Christians” were, are and will be always the most dangerous people on earth, together with those Muslim extremists.
Hey, Jake. Speaking out to oppose an illegal invasion in violation of our treaty with UN member nations has already taken over a million Iraqi lives with no end in sight. About 40% of them were women and children, rest their souls. So now our speech should be illegal because we are inciting to peace? And we certainly wouldn’t want to incite people to treat their fellow citizens fairly and with justice now, would we? That should definitely be illegal.
Sorry. I meant to address Leftside Annie.
Pat, I think Leftside Annie was being ironic. I think she would agree with you.
“Hate Crimes Bill Will Not Restrict Bigots from Using the ‘N-Word’ – Or Ministers from Preaching Hate against Gays…”
But don’t worry folks…there will be the Thought Police soon, and if you say anything “Politically Incorrect” they will haul your arse away.
Meanwhile I will use whatever goddamn words I want to, and defend YOUR right to do the same, even if I don’t like the words you use. That is the basic principle that America was founded upon…remember?
Pat – it was indeed irony. More like flat-out dripping sarcasm, actually. Sorry you missed it.
- LA
Most Relegions have become organized hate . The hate for gays binds them together. I dont subscribe to any particular relegion. I do subscribe to treating people with kindness and everyone the same.
I couldnt care less if someone is gay and intruth would like to see more gays in political positions .
I hope one day gays can marry there is not 1 single legal reason why they shouldnt