Two bills have been introduced in Congress lately that mark significant progress in human dignity. The first is a modification to hate crimes laws to include gender, sexual orientation, and disability status. The second would make it illegal to fire employees based on their actual or perceived sexual orientation. I know I tend to be a bit liberal but when I first heard about these two bills a few months ago I was surprised they weren’t already law. I thought for sure it was illegal, or at least sue-able, to fire someone for being gay. And I could have sworn women were already covered by hate crimes laws. I was wrong. The debate on the floor of the house before the passing of the hate crimes modifications was perfunctory, predictable, and hardly dramatic. The bill is a shoe-in to make it to the Senate. This does not echo the debate among interest groups. There are some people out there that still believe you should lose your job for not following their religious orthodoxy. And there are some out there who equate hate crimes protections for women, gays, and handicapped people to us becoming a Stalinist regime. Guess who?
It is difficult to list, much less counter, all the insane and inane arguments against these bills floating among the “pro-family” crowd. It is so tedious a task. It certainly can’t be done in one article so I will try through a series to dissipate the dense fog that exists in these people’s minds. Fortunately for the first category of ridiculous rhetoric there is a large degree of repetition. That first argument against hate crimes laws being expanded to cover gay people is the argument I call the Grandma Dillusion.
This insidious piece of “reasoning” uses a transparent manipulative tactic: take something that instills disgust in your followers and juxtapose it against something that engenders fondness. For example, compare grandmothers to gay men and surely no red-blooded good Christian would support giving legal protections to the latter if it meant jeopardizing the former.
A few examples of this are as follows:
Matt Barbar, one of the more spiteful men at Concerned “Women” for America explains hate crimes by saying, “All things being equal, this means that if your 5-foot-2-inch grandmother were attacked in her home and a 6-foot-4-inch homosexual linebacker who likes to wear lipstick and high-heels were attacked by the same assailant, the "gay" linebacker would be treated as more valuable to society, and the crime would officially be considered more egregious.”
Originality at CWFA is not a priority as Shari Rendall of the same group later writes, “A grandmother walking down the street should have at least as much protection under the law as someone who is leaving a “gay” bar.”
In discussing Conyers, one of the original sponsors of the bill, Janet Folger explains, “And he must hate…grandma. And I think it's a crime. You see, the chairman of the House Judiciary Committee just introduced the "Local Law Enforcement Hate Crimes Prevention Act" which would not only restrict our speech and remove equal justice, but it would give senior citizens (and the rest of us) less protection than homosexual activists. So, if you're going to mug someone, better make sure it's grandma (unless she's become a lesbian) – because if the guy whose money you steal happens to be a homosexual, you're looking at a triple sentence. Go after grandma, and it's one-third off! Hey, why don't we save everyone a lot of time and just hand out "Conyers' Coupons for Criminals!" She even has cute little coupons to encourage violence against grandma.
Monica Boyer of Illinois Voice for the Family explains hate crimes laws by saying it would “[make] it a worse crime to assault a gay man walking out of a bar than attacking a grandma walking down the street.
Another former Concerned “Woman” for America, Robert Knight, warns of the dangers of hate crimes laws by saying, “Equal protection means your grandma and your friend who lives as a homosexual have the same rights when they walk down the street. Under a hate crimes law, someone who mugs your grandmother will not be prosecuted as vigorously as someone who commits the same crime against a homosexual. This says to criminals: ‘Mug Grandma; It’s less risky.’ Hate crimes laws aren’t about justice; they are about favoritism and special rights.” He repeats himself here in the Baptist Press.
A stellar piece of journalism from the “Christian” "news" source Agape Press reads, "So if your grandmother is mugged… it won't be a big deal, and the law enforcement authorities may have to put more of their revenues toward the mugging, say, of a homosexual guy walking down the street.”
On their website, the Campaign for California Families asserts, “If John Doe randomly picked a lesbian and killed her because he hates everyone with a homosexual orientation, he would be given a stiffer penalty than if he killed his grandmother because he hated her. That is, the lesbian would be valued more than the grandmother.”
http://www.religioustolerance.org/hom_hat11.htm
Never one to be left off the crazy train, the American Family Association argues, “Under this radical bill, an assault against a homosexual man in his 30’s leaving a gay bar would carry a stronger punishment than the same crime against a grandmother leaving the grocery store.”
And one of the frequent AFA contributors, AKA Shelly the Republican, makes it clear by saying, “Let me just make this clear – you will spend more time in jail for killing a gay who tried to have sex with you then some crackhead who beats a little old grandmother’s head in for the pocket change in her purse.”
There are literally dozens more examples of this. No one in the religious right is concerned with coming up with an original argument against hate crimes, much less a serious one.
Anyone with a bit of education can smell the rhetorical rat in these claims. Of course it won’t be less illegal to kill grandma or anyone else under the proposed expansion of hate crimes laws. The religious right argues against “hate crimes laws” as if they’re a new concept that hasn’t existed for decades.
The original hate crimes laws were introduced over 40 years ago during the height of the civil rights movement. The same Southern Baptist religious conservative crowd that viciously opposed the original hate crimes laws in the 60s is the same crowd that opposes their expansion now. The church groups and geographical location of the opposition has not changed – only the targets.
The four original categories were race, nationality, ethnicity, and religion. The first three are somewhat redundant but the fourth is enlightening. For more than four decades members of the religious right, and any other faith, have been protected by hate crimes laws. And yet it has never been less of a crime to beat an atheist grandma over the head than a Jewish one – no matter what they say.
The idea of hate crimes law is not to elevate categories of people over others. They are designed to address the layers in complex crimes. The original introduction of hate crimes laws came after a series of church burnings and bombings in the South. The idea is that if someone comes to your backyard and burns down your garden shed and no one is hurt the crime is simple arson. However, if someone comes to your church and burns it to the ground and no one is hurt it’s more than just simple arson. The burning of a church sends a message to all followers of that religion within a particular community. It implicitly threatens them with violence simply because of the faith they choose to practice. So, in the instance of a church burning, there’s the crime of arson coupled with the independent offense of threatening a larger community.
It is not that poor gardening grandmas are valued less under the law than churchgoers. It is a recognition that more than a simple act of violence has occurred when considering the symbolism of burning a church. It is the same with ethnically owned businesses. If you smash the glass at Belk and steal some watches you have committed theft. It is a serious crime that is prosecuted. However, if you smash the window of a Muslim bakery and spray paint racial epitaphs all over the walls you have done more than just breaking and entering. You have used that crime to send a message to all Muslims in the community not to do business in your neighborhood. There is an additional layer of criminality when one considers the threatening message.
Adding gays, women, and people with disabilities to hate crimes laws follows a similar logic. If someone mugs someone for cash it’s a mugging. However, if some thug is targeting men who leave gay bars for violence then that crime is sending a message to all gay men. It tells them they shouldn’t get together – that they should live in the shadows or face getting beaten over the head. There’s an additional crime present in that threat.
I know that Jerry Falwell, James Dobson, etc. do not directly advocate violence against gay people. That’s not to say they don’t contribute to it with their constant fire-and-brimstone message about gays and feminists destroying all of society. But, they don’t outwardly advocate it to their followers. They do, however, benefit greatly from it. As long as misguided males use gay people as their personal punching bags there will be all the more reason to remain in the closet. It’s not gay bars the religious right fears gays assembling in. It’s HRC meetings.
If you can keep gay people closeted with any method of fear then you can slow their political progress. The religious right’s first priority is political power and this continues to be threatened by their opponents. If it is now a federal crime to threaten the greater community with violence, their silly radio shows will never be enough to derail the latest wave of the civil rights movement.
So, rather than arguing why hate crimes shouldn’t exist for anyone in the first place they rely on frightening fabrications about your grandma being killed. Religion is a choice. You may be born into a religious family but you willfully choose to adopt that faith as your own and you also choose the way you practice it. It is not an immutable trait as evidenced by the frequent religious conversions and general wandering agnosticism so common today. If that lifestyle choice deserves special protection under hate crimes laws then surely the arguably less chosen, less mutable identity trait of sexual orientation deserves equal protection.
The religious right has no sound argument against expanding hate crimes laws. The best they can do is scare followers. Fear is a powerful motivator in politics. But, fortunately, so are facts. While fear is effective it is also fleeting. Facts, however, are more sustainable as a political tool and a better predictor of ultimate success.