First Amendment concerns are raised regarding Senate passage of hate-crimes bill

Siyang Liu

On October 22, 2009, Senate approved a hate-crimes bill that expanded possible prosecution to hate crimes based on sexual orientation and gender identity. Even though the name of the bill sounds uncontroversial enough, it has been concerning to some. One noticeable argument from the opposition, namely by 60 conservative leaders in this case, was that this bill would ‘criminalize preaching the Gospel and put preachers in the crosshairs.’

The question is that does this bill really encroach on our First Amendment rights? After all, if what the conservative leaders claim in this case is true, then this bill would be hurting our freedom of religion.

The truth these, such claims by the opposition border more along fear-mongering than appealing to the state of our freedoms. Consider the content of this bill. Once it becomes law, it gives the Department of Justice broader authority to investigate and prosecute violent crimes “motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim.”

The key word here is violent crimes. The First Amendment, or namely freedom of religion and speech in this case, is meant to protect all Americans’ rights to expression. Violent crimes and freedom of expression are two very different things. If these conservative leaders worried about having a basic First Amendment right violated, they shouldn’t be.

With or without this bill, our freedoms of expression and religion go on untouched. Regardless of whether opinions and practices relating to the First Amendment are “good” or “bad” in society’s eyes, the American justice system has stuck to our rights. Just as some people have taken advantage of the First Amendment to voice for social change, there have been some others who attend KKK rallies. The point is that whatever direction we choose to take in our opinion or what we believe in, we can do so without facing legal consequences.

The simple fact is, the First Amendment and this bill do not touch one another in any harmful way. If some wish to, they are still 100% empowered to express dissent based on sexual orientation and gender identity. If one’s religion requires preaching against certain sexual orientations or gender identities, so be it. No one is going to prosecute you for exercising your First Amendment rights; and this bill certainly doesn’t either.

Those who are are still opposed to this bill in light of these realities are entitled to their stances. However, they should take up their opposition to this expansion of hate-crimes prosecution as a political matter, instead of citing the First Amendment for misleading purposes.