Washington County Republican Committee Passes Resolution Against Hate Crimes Legislation

On Wednesday the Washington County Republican Committee passed a resolution calling on the Arkansas Legislature to reject any hate crimes legislation in Arkansas.

The resolution reads,

A Resolution Opposed to Hate Crime Legislation in Arkansas

WHEREAS, the Republican Party was founded in 1854 by a group of people who were united in their desire to abolish slavery; and,

WHEREAS, the Republican Party abolished slavery in 1865, passed the 14th Amendment to the United States constitution in 1866, passed the 19th Amendment in 1919 guaranteeing women the right to vote, granted Native Americans citizenship in 1924, and integrated the Little Rock School District and passed the Civil Rights Act in 1957; and,

WHEREAS, the Republican Party has been the only party fighting “hate crimes” throughout the history of our county; and,

WHEREAS, in addition to these achievements, the Republican Party has also fought for the adherence to impartial justice and equity, all of which is shared by the Washington County Republican Committee; and,

WHEREAS, our Nation currently is seeing partiality, intemperate behavior, and violence stemming from situations unwittingly or deliberately presented as unjust;

Whereas against such a background, legislation is to be considered by the Arkansas Legislature to enact a “hate crime” bill;

Whereas such a bill proposes to increase criminal penalties due to perceived intents of perpetrators, intents stemming from characteristics of victims which can be based upon what is increasingly being known as identity politics;

Whereas Arkansas and Federal laws already contain provisions for aggravating and mitigating circumstances based upon empirical evaluation of criminal activities;

Whereas those provisions include divisions between misdemeanors and felonies and recognition of varied degrees of offense;

Whereas prosecutors and the courts are permitted further discretions in application of such laws;

Whereas such divisions and discretions against the backdrop of dispassionate legislation allow for careful application of justice designed to be separate from emotions and transient thoughts;

Whereas hate crime legislation is largely symbolic and provides no deterrent to criminal activity;

Whereas provisions to minutely examine intents of criminal defendants can ultimately expand into the criminalization of beliefs, or so-called “thought crimes;”

Whereas such expansion can also have a chilling effect on legitimate First Amendment freedoms of speech, assembly, and religious practice and belief;

Whereas such expansion can also open the door to criminalization of other legitimate social behaviors considered by some to be politically incorrect, behaviors which in some cases are already being sanctioned by job and other income losses and by social harassment;

Now, therefore, given our concerns listed above, be it resolved by the Washington County Republican Committee that we request the Arkansas Legislature to affirm its adherence to dispassionate justice by rejecting any hate crime legislation for our State.

On Monday, Sen. Jim Hendren (R – Gravette) and Rep. Fred Love (D – Little Rock) filed S.B. 3 to enact hate crimes legislation in Arkansas.

Family Council has opposed hate crimes legislation like S.B. 3 for more than 25 years. You can read more about why we oppose it here.

Legislators Propose Bad Hate Crimes Bill

FOR IMMEDIATE RELEASE
Thursday, June 25, 2020

Little Rock – On Wednesday, Arkansas State Senator Jim Hendren (R) – Gravette and State Representative Nicole Clowney (D) – Fayetteville renewed calls for Arkansas to pass hate crimes legislation.

Family Council President Jerry Cox released a statement, saying, “No law has ever stopped hate, and no law ever will. It’s a matter of the heart. The experience of other states proves that hate crimes laws do not work. Over the past few years we’ve seen despicable crimes committed in states that have hate crimes laws. According to the FBI, the states with the most hate crimes all have hate crimes laws. It’s clear that hate crimes laws simply do not work. This hate crimes law does nothing to address issues like police brutality, no-knock warrants, racial profiling, and unequal justice. It does nothing to address the real issues that people are deeply concerned about. We all agree something needs to be done to address racism in our state, but passing a hate crimes law isn’t the answer.”

Cox said hate crimes laws promote unequal justice. “Laws like the one being proposed here in Arkansas treat crimes and their victims unequally. Targeting anyone and committing a crime is wrong and currently illegal. When hate crimes laws levy harsher penalties for targeting some people but not others, the punishments can differ even if the crimes are the same. The penalty for assault or murder should be the same no matter the victim’s race, religion, or sexual-orientation.”

Cox said Family Council will oppose any effort to pass hate crimes legislation in Arkansas. “We have opposed hate crimes laws every time they have been proposed at the Arkansas Legislature since the 1990s. This legislation was a bad idea 25 years ago, and it’s still a bad idea today.”

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Family Council’s Position on Hate Crimes Legislation

Synopsis: All categories of people deserve protection, and all are already equally protected under our current laws. Since 1993 Family Council has opposed efforts to enhance penalties for crimes motivated by prejudice or bias against a particular classification of people, because these laws punish criminals’ thoughts or feelings rather than the crime itself. Family Council generally opposes laws that enhance penalties for crimes committed against protected classes, because these laws fail to provide equal protection under the law. They attempt to provide additional protections for some people while ignoring other vulnerable people. Evidence suggests they are not an effective deterrent and do not solve problems related to crime. Below are additional points to consider.

What are “Hate Crimes” and “Hate Crimes Legislation”?

  • A “hate crime” typically is defined as a violent act motivated by hatred, prejudice, or bias against a group of people.
  • Examples often cited include violence motivated by racism or religious disagreement.
  • Hate crimes laws typically list classes of people who are protected from hate crimes. Examples of protected classes include people targeted based on their race, color, religion, national origin, age, disability, sexual orientation, gender identity, or other protected classification identified by the state.
  • Criminals who target victims and commit a crime based on the victim’s race, color, religion, national origin, age, sexual orientation, gender identity, or other protected classification can face stronger penalties.

Hate Crimes Laws Encourage Prosecution for Thoughts Rather Than for Actions

  • Hate crimes laws encourage speculation about a perpetrator’s thoughts or feelings. No person can accurately know what a perpetrator thought or felt at the time of a crime.
  • Hate crimes laws penalize thoughts and beliefs the government deems objectionable.

Hate Crimes Laws Overlook Other Crime Victims

  • Hate crimes laws often overlook people who are likely to be victims of a violent crime, including people living in poverty, single mothers and their children, or homeless individuals.
  • Hate crimes laws fail to guarantee victims of violent crimes equal protection under the law.
    • Under hate crimes laws, two identical crimes might be punished differently if one of the crimes was motivated by prejudice against a government-protected class of people.

Enhanced Penalties are Already Available in Arkansas

  • Prosecutors can seek enhanced penalties based on the perpetrator’s crime or criminal record.
  • Courts can enhance penalties for particularly heinous crimes like terroristic acts and crimes targeting vulnerable individuals.
  • This gives courts the ability to enhance a punishment based on the crime rather than the perpetrator’s alleged motive for committing a crime.

Hate Crimes Already Are Illegal Under Federal Law

  • There’s already a federal hate crimes law that makes hate crimes illegal.
  • In 2009 the Obama Administration enacted federal hate crimes legislation making it possible for criminals to be federally prosecuted for hate crimes.
  • The federal hate crimes law includes special protections based on sexual orientation.

A State Hate Crimes Law Could Make Arkansas a Lightning Rod for Litigation

  • Hate crimes laws often contain vague language that can be interpreted subjectively in court.
  • In other states, laws singling out protected classes of people have been used to target business owners who decline to cater or otherwise take part in same-sex weddings.
  • Arkansas has not had high profile lawsuits over these disputes the same way Colorado, Oregon, Washington, Arizona, New York, and other states have.
    • This is partly due to the fact that Arkansas does not have hate crime laws and similar legislation creating specific protections for individuals based on their sexual orientation.
  • These types of high-profile lawsuits could come to Arkansas if hate crimes legislation passes.

Hate Crimes Laws Don’t Prevent Hate Crimes

  • High profile hate crimes have been committed in states that have hate crimes laws on the books.
  • On August 3, 2019, a gunman allegedly targeted minorities in an attack that killed 22 people in an El Paso Walmart despite the fact Texas has a hate crimes law enhancing penalties for crimes motivated by hatred toward the victim’s race.
  • On October 27, 2018, a gunman killed eleven people and wounded seven others at a Pittsburgh synagogue despite the fact Pennsylvania has a hate crimes law enhancing penalties for crimes motivated by hatred toward the victim’s race, color, religion, or national origin.
  • In 2018 the ten jurisdictions with the highest number of hate crimes, according to the FBI, were California, Washington, New Jersey, New York, Texas, Michigan, Massachusetts, Ohio, Kentucky, and the District of Columbia. All of these states have hate crimes laws on the books.
  • The FBI tracks statistics regarding hate crimes nationwide. According to FBI reports, the number of hate crimes recorded in Arkansas has fallen from 134 in 2005 to 14 in 2018.
  • In 2018, according to the FBI, only six states reported fewer hate crimes than Arkansas: North Dakota, Alaska, Montana, Mississippi, Wyoming, and Alabama.
  • All of this seems to indicate hate crimes laws are not an effective deterrent against hate crimes.

Conclusion

  • Hate crimes laws are well-intended, but reports indicate they simply do not prevent hate crimes.
  • Hate crimes laws undermine fundamental principles about criminal justice by punishing thoughts and beliefs instead of the crimes themselves.
  • Hate crimes laws fail to protect many people who are likely to be victims of a violent crime, and they do not provide equal protection under the law.