Byron York and David Freddoso have a couple of postings on Kennedy’s attachment of the hate crime bill to the Defense Authorization bill.  A few days ago I posted about Kennedy’s attachment of this bill and through some sort of twisted logic applied hate crimes to the Defense bill. I had tried to find further information about it and wasn’t successful and now I find out why.

From David Freddoso:

It hasn’t shown up yet on the Thomas search engine, but I’m told that Sen. Harry Reid (D-Nev.) has filed the hate crimes amendment to the defense authorization bill. The amendment is different from hate crimes laws on the books because it treats homosexuality and transsexuality (that is, “sexual orientation” and “gender identity”) as new protected classes — i.e., as if they were races or sexes.

From Byron York:

More on the Democratic leadership’s decision to attach a hate-crimes amendment to the crucial defense authorization bill. In addition to being unrelated to national defense, the war in Iraq, or other similar topics, the Kennedy/Smith amendment would also significantly broaden the definition of hate crimes to include attacks based on “gender identity,” whether real or “perceived,” and to attacks beyond the “federally protected activities” (like voting) that were covered in earlier laws. Republicans are circulating this discussion of the measure:

Senator Kennedy’s amendment is broader than the language [in a similar 2003 bill]. This “hate crimes” amendment includes “gender identity” as a covered class, which the bill defines as “actual or perceived gender-related characteristics.” The 2003 bill did not expressly capture this class of victim.

Note that the amendment’s use of the term “perceived” makes it difficult to say that there is any “class” of individuals affected here. Perhaps anybody could be a “hate crime” victim, depending on what a fact-finder concludes the accused “perceived” at the time.

No Senate hearings have been held on this new language. Senators will have to vote without any real examination of what this new language means, how broadly it could be applied, and how the term “perceived” will be interpreted in practice.This bill opens the door to speech control to benefit homosexuals (and all other sexual permutations the Dhimmi’s love) but also will control speech regarding Islam and Muslims. Won’t that be wonderful!

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