What is a Hate Crime?

Geoffrey Stone has written an important op-ed piece today for the LA Times. He responds to those conservative Christians who oppose pending hate crimes legislation because they think it will preclude them from speaking out against homosexuality. Now, I don't think there's any reason why we need to be preaching against gays from our pulpits, but needless to say this legislation won't ban preachers from speaking against homosexuality.
Stone mentions 3 reasons why anti-gay preachers need not fear this legislation:
1. The "Matthew Shepherd Act" doesn't prohibit "attempts to incite" -- only infliction of bodily harm.
2. It is settled 1st Amendment Law that unless "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." If you're leading a mob intent on doing bodily harm because a person is gay, then well, that's not protected speech.
3. The legislation expressly prohibits any protected infringement of one's 1st Amendment Rights. Thus:

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.

So don't worry about your preaching being banned -- though you might listen for the Spirit's voice, a voice I believe is calling us to welcome our gay and lesbian brothers and sisters.

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