14th Amendment – no need for hate crimes legislation
45 Comments Published by clay January 11th, 2009 in State and Local Politics, U.S. Politics.Hate Crime Legislation Do you agree with the christian attorney’s interpretation of the hate crime legislation and the 14th Amendment? Why or why not? Please remember to show evidence you read the article in your response.
I completely agree with Christian’s Attorney!
The 14Th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States.” In addition, it forbids states from denying any person “life, liberty or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of its laws.” By directly mentioning the role of the states, the 14Th Amendment greatly expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment.
Congresswoman Sheila Jackson just want to expand the 14Th Amendment to people who are gay or are transgender. And we should because gays and transgender people are picked on all the time for WHO THEY ARE! Yeah some people don’t believe in it but it doesn’t give them a right to judge or give their opinion. It’s really non of their business.
Gays and transgender people get picked on so much that they either kill themselves because they don’t feel understood or comfortable in the outside world. I’m not totally sure of the circumstances but some people say it’s a feeling they have within themselves to be gay and others feels it’s more of a choice. Well in stories I’ve read it seems it’s a feeling within how gay or transgender people feel they should be a girl when their a boy, they say it’s like a body they are trapped in and can’t really change the way they feel.
And Matt Barber i totally disagree with.
The 14Th Amendment should apply to EVERYONE!! no matter your color or believes or who you are. Everyone should be able to by themselves in society and people just need to accept it.
I would have to say that I agree with Christians attorney because whether people want to admit it or not picking on homosexuals and gays is a hate crime. They get picked on by our society so much that its a brave thing that they do.They know that a lot of people in our society don’t accept there beliefs because of there religion or ideals and regardless of that they still go out and be themselves. We have no right to be picking on or judging others when we know nothing that they go through. We should just let them be with whoever they want to be. The fact that people are out there protesting against gays doesn’t change who they are.They will continue loving whoever the hell they want regardless of what others think about them. They get picked on so much. Just imagine all those people out there that are against gays,,and imagine if they didn’t like you for your beliefs. That’s a lot of people and really we shouldn’t even get in there business cuz what they do is up to them not us. We don’t need to be preaching to them about life and what they should choose or that being with a person of the same sex is wrong. Let them do what they want to do. I would consider it a hate crime because we all should be treated the same regardless of sexual orientation. So i fully agree with Christians attorney.
I completely agree with this addition to the constitutions fourteenth amendment. I did not even know that a restriction of a certain right based on a person’s gender or orientation was not considered a racist act. I believe that the addition of this law will create a more balanced society because all citizens will have an equal opportunity in all aspects of life. Who are we to question the way a person chooses to live their life. I think that the people are open about their orientation are brave, our society does not really accept these types of people, so for them to be who they want to be is admirable. I am glad that Sheila Jackson-Lee has reintroduced this bill, I feel that this time it will pass, our society is now more open minded and will finally see that everyone deserves equal opportunities.
On one side, the 14th amendment requires states to provide equal protection under the law to all the citizens of the U.S. What the Sheila Jackson wants to do is include sexual orientation & gender under the hate crime law in the U.S.
If that were to happen, it would mean that in the U.S. a hate crime is committed when the crime was motivated with a bias perspective based on a victim’s race, religion, ethnicity, nationality, gender and sexual orientation. This would mean that only the rights of the people who would qualify to be categorized into one of these would be protected. The problem with that would be that there are many more characteristics of a person or beliefs that can motivate a hate crime (ex:age, disability, color & ancestry etc.) so, not everyone would be protected under this law. So, in a way the 14th amendment is being violated. At this moment only 32 states in the U.S. have hate crime laws that include sexual orientation as a characteristic that can cause a bias motivated crime. This means that only 64% of the citizens of the U.S are being protected as equals.
On the other side, it wasn’t until the year 1990 that the ex-president George H.W. Bush signed a bill that would require the attorney general to collect data on crime committed because of a victim’s race, religion, disability, sexual orientation and ethnicity. So, if we already collect data on crimes that people committ because of their perspective on someone’s orientation, then why aren’t sexual orientation and gender included as part of the hate crime law of the U.S.?? Obviously, if data has been collected on this for the past 19 years then it means that there is a need for a law that protects gays, lesbians and bisexuals because crimes are being committed against them.
So in conclusion, I think I would have to agree with Sheila Jackson.
I agree with this addition to the constitutions fourteenth amendment, very strongly. Everyone deserves an equal right, no matter what gender or orientation they are. I did not know that certain restrictions were made based on a persons gender or orientation. To me the fourteenth amendment is a strong one, and the addition to the constitutions fourteenth amendment will just make it an even stronger one if you ask me. No matter what gender a person is they should have the same opportunity as another, as well as orientation. Our society is still as closed minded as ever, and there are probably only some people who agree with this, and will pass it. However, I still believe that this addition is a great one. Protecting the rights of others is always good, because the ones who are “different” because of there gender or orientation etc. are the ones who have more courage and more guts then the closed minded people. Really to me it just seems like a good idea to go all the way through. It will give everyone, and I mean EVERYONE and equal opportunity.
This topic is very similar to the topic I had for my model assembly. My group and I were dealing with Hate crimes, and trying to create a uniform definition of the crime while trying to implement a more strict punishment for the convicted. I found it very necessary to create a law that would have everyone’s well being in mind, the 14th amendment-no need for hate crime legislation is absurd.
Here according to “Politics and Government-http://www.onenewsnow.com/Politics/Default.aspx?id=377968” “Congresswoman Sheila Jackson-Lee (D-Texas) has reintroduced a bill that would expand the federal hate crime statute to include crimes motivated by bias against a person’s sexual orientation or gender. The measure has been referred to the House Judiciary Committee. It passed the House in 2007.” Whereas “A Christian attorney says the hate crimes legislation that’s been introduced in the U.S. House is entirely unnecessary.” I think if you’re going to make a statement then at least give a valid reason for your belief. This sounds like he is blowing snow just to make some sort of point that overall fell short.
Now the 14th Amendment to the U.S. Constitution “guarantees equal protection under the law,” “Hate crimes legislation is an prima fascia violation of the Fourteenth Amendment in that it elevates one class of citizen based upon their chosen sexual behaviors above other people. It creates a two-tiered justice system where there are first-class victims and second-class victims.” But according to “Matt Barber, director of cultural affairs at Liberty Counsel, believes the bill is unnecessary because there is no epidemic of hate crimes being committed against people who self-identify as homosexual or transgendered. Perhaps more problematic, he says, the legislation is constitutionally dubious.” I find this to be false. In the research I had conducted for my model assembly project, my group and I came to find that hate crimes were on the rise especially within the homosexual community. Typically we found that Hawaiian Garden’s in the state of California had the highest amount of hate crime. So to say that there is no epidemic of hate crimes being committed is completely falsified.
So in the end of this I believe that the 14th amendment- no need for hate crimes legislation is the worst thing you could do when our state and country are in need of help in this area.
OK i agree with the Christian Attorney only because i think there are more important things the United States needs to worry about at this time. The Christian Attorney had whats called a statement or opinion because he had no research or evidence behind his statement in order to put it across to other people. I myself could easily say that “In-n-Out burgers are nasty” but I am not showing or saying anything that backs me up in order to get people on my side. Now if a were asked the same question when the country is out of the recession or if it has no more problems then I would say to protect everyone’s and i mean everyone’s rights, including homosexuals, lesbians, immigrants, arabs, people with different religions, etc. The point to get across is that everyone under the United States Constitution is protected from a hate crime. Now like article says that it was introduced in 2007 and if it didn’t pass then give it a rest and make the amendment perfect so that House, Congress, and the president approve of it, and wait until things are stabilized in the country so that the legislators don’t have another thing on their mind. That’s my opinion.
I agree with barber when he said that there is already equal protection under the law. By passing this bill we are making a statemement that there are people who should be protected more than other while the rest of us need less protection becuause of the heterosexual lifestyle we live. I’m sorry but we continue to live in a world where people find every little thing to pick at. There has already been so much controversy over gays and trangender or people who live what they would call not a normal lifestyle. Well quite simply I would say live what ever life you want, this is the land of the FREE and the home of the BRAVE. I could care less what you do with your private life, but do not insist that the governemnt pay you any special privilege or try to take away any protection under the law from other people simply because you are different fro the “Normal Lifestyle”. Normal should be what you as an individual beleive it to be. Leave it at that. As to hate crimes against homosexuals and transgenders, well while that is awful that they are discrimanted against by other people, that is the way of the world. We can not make changes to accomodate others without punishing other people. I’m not saying hate crimes are okay, but I am saying that people have the right to speak their opinions, and the line between a hatecrime is not blurred that there is no way to legally define a hate crime. As it stands the 50 states of America already have their own individual meaning of a hate crime. A derogatory word said in anger or just simply said can been seen as a hate crime, but seriously there is so many “buts” that will come out of that and the case is likely to become to murky by alligations and he said she said mumbo jumbo that the case will be too hard to determine. Honestly this is quite rediculous everybody is prejudice against someone for something that is the way of the world.
I believe if you are going to modify the 14th amendment do it thoroughly do not just add sexual orientation because it caters to the attorneys client…but i agree with barber because the law blankets everyone but by putting specific differences you give yourself the task having to list out all forms of differences. It is the judges job to determine whether or not it is a hate crime or someones rights are being violated that’s why they are appointed to their positions they interpret what the laws mean.But in the end everyone should be treated the same as far as laws go they should apply and be enforced the same and people should be protected equally
i agree with christian attorney, we dont need a law that would protect one type of a person more then another. why would we treat homosexuals different then anyother person. they do not need special privelages. if they get “picked on” thats on them they chose to be different so with that you take on the good bad and the ugly . when you are different from the rest you attract more attention. people are going to talk whenever they like about whoever they like “deal with it”. we shouldnt have to throw a curveball in our path just because gays feel uncomfortable.
I agree with barber that the bill is unnecessary. Though it is for a good cause, its not something to be crying to the government all the time about, no offense. Gays and lesbians have been the center of attention since the passing of yes on prop 8 trying to fight for their rights which I completely understand but what I don’t understand is why do they take something so small and move into another complicated level. Like Barber said their is no epidemic of hate crime spreading towards homosexuals, in my opinion I think its just another act that people put to make the situation look even worst. Plus there is millions of hate crimes cause every day that people don’t even bother to pay attention to but when it comes to gays and lesbians all the attention is on them. Like Christian said, the government needs to stop giving homosexuals privileges and put the rest of us under the law and simply let the courts decide whether a hate crime was committed or not.
I disagree even though homosexuals are often being mistreated. But I think this bill would bring even more controversy because then people will be thinking that we are giving only a specific kind of people a special treatment. I think that they should just pass a bill on hate crime instead of just focusing it on people’s sexual orientation and gender. From my knowledge hate crimes are not just done on people’s sexuality or gender it is on religion, race, and beliefs also. So I think we should pass a bill on hate crime but not just based on people’s sexuality and gender.
I disagree even though homosexuals are often being mistreated. But I think this bill would bring even more controversy because then people will be thinking that we are giving only a specific kind of people a special treatment. I think that they should just pass a bill on hate crime instead of just focusing it on people’s sexual orientation and gender. From my knowledge hate crimes are not just done on people’s sexuality or gender it is on religion, race, and beliefs also. So I think we should pass a bill on hate crime but not just based on people’s sexuality and gender.
I understand where people who agree with the additions to the 14th amendment are coming from, but ultimately I agree with Matt Barber. I agree with those of us who are saying the 14th amendment already gives all United States citizens equal protection under the law. I feel that if homosexuals and transgender are having hate crimes committed against them they would fall into the same category as everyone else who has hate crimes committed against them. Regardless of sexual orientation, our law protects all citizens.
A lot of people who are for expanding the 14th amendment are pointing out that hate crimes are being committed towards homosexuals more. This may be true, but I don’t think that necessarily means that we need to add things to the amendment when it already talks about protecting everyones rights.
I think that if they were to pass this bill than homosexuals will be happy but im sorry to say that we can not please everybody. Sorry to say but life sucks you cant have everything that you want. I know this is cruel to say and i dont mean to upset people but like people before me have said the 14th amendment already ensures equal protection for all US citizens. So if we were to pass this bill than who knows what new bills other people will start to come up with. (Lame ending but eh i got my point across)
I agree with Christian Sharp. i find that this to be almost dehumanizing in saying that people who are homosexual deserve a different treatment or should be under a different law of protection. that they are not “normal” and are subject to different decrees. sad enough to say however, hate crimes are terrible. and as far as each state having its own definition of a hate crime, well i think thats slightly wrong too. a hate crime is a hate crime and there should be a single definition that sums up this crime against all people affected. as far as their not being an “epidemic of hate crimes being committed against people who self-identify as homosexual or transgendered” im not so certain. yes, an epidemic may be a strong term, but one hate crime is far too many. so while i may not agree with this bill, i do believe hate crimes still need to be dealt with.
I agree with Matt Barber, this bill is not needed because the 14th amendment guarantees equal protection. This is for all people not just homosexuals or trangeneders so there is no need for this bill that already gives them equal protection and everyone shoulde be treated the same no matter what thier sexual oriantation is.
I agree that everyone should be treated equal, just like the 14th amendment states. But the need to expand it to include homosexuals and gender is seen, at least to me, as unnecessary. All types of groups are included already in the amendment. If someone were to discriminate a homosexual, then that homosexual would be backed up by the 14th amendment. I see it as a waste of time, even though i would not be mad if it passed. Barber thinks that it will definitely pass now that Barack Obama is going to take charge of the White House soon. The only thing i have to say against it is that i don’t see a point to something that has already been outlined in the constitution. Let’s save that time and focus it on other more important issues.
I totally agree with Barber. If the bill does then homosexuals would be pleased. But then most people wouldn’t, I’m sorry not everyone would be pleased!
But then the 14th amendment already protects everyone that is a U.S. citizen, so I’m still not sure why people are still complaining.
Mhhhm… Maybe they want some attention.
Well i must state this like everyone else has about the 14th ammendment, which already protects and gives everyone equal protection. I agree with Barber when he says the bill is unnecessary.We all need to stop being so sensitive and understand that even if you dont feel like we’re getting equal treatment or protection because of your sexual orientation we are. If this were to go through then its as if we’re not equal and some other group has more favor than the other. Bottom line we should just let it be and move on and focus on more important issues.
I do agree with this article and his interpretation of the hate crime legislation ant the 14th amendment. It is true that hate crimes are crimes that motivated by a sexual orientation and their gender as well. What the 14th amendment states is the equal protection of all people under law and I do agree that with a person that is doing a hate crime and discriminating other people will be in violation under the 14th amendment. So in conclusion, I do agree with this article.
Yeah, I agree with the guy. I do believe that if you try to protect someone from hate crime you are violating the fourteenth amendment. if you say that doing someone to somebody else is a hate crime because that person is a lesbian or a homosexual, but its not a crime or it is simply less of a crime to do the same thing to a person who is heterosexual then you are saying that a person who is lesbian or homosexual is better than someone who is heterosexual. and therefore it is a violation of the fourteenth amendment
Okay I agree with this article because it will cost the government more money and it isn’t needed we already have enough laws to prevent hate crimes and we already pay a lot of people to prevent all of the hate crimes from happening. This will coast us way too much money and with the budget crises we dont need to spend anymore money.
I didnt really get this article?..ok what i got from it is that someone wants there to be an addition to the 14th ammendment and hate crimes in order to protect homosexuals or transgendered people. And somebody else im guessing Barber believes this is unnecessary becuase the constitution says everyone should be treated equal and nobody should have extra protection. OK thats what i understood what i dont get is that i thought homosexual or transgendered people were already protected under hate crime laws. They should be treated equally but they dont need extra protection. Dont they always ask for EQUAL treatment? so why do they need extra protection now? i guess im kind of torn becuase this article confused me =]
According to the article Matt Barber he says that this bill is unnecessary because there is no epidemic of hate crimes being committed against people who self-identify as homosexual or transgendered. While in the other hand Sheila Jackson-Lee has reintroduced a bill that would expand the federal hate crime statute to include crimes motivated by bias against a person’s sexual orientation or gender.
Personally, I agree more with Barber. In the United States today, there is already equal protection for every US citizen. EVERYONE IS EQUAL. Yea, homosexuals maybe judged just because their the way they are, but every human being gets picked on for some reason or another. && thats why you deal with it or stick up for yourself. Its not like homosexuals are going through a masacre. dude seriously cry a river and get over. you have rights. Thank God you were born in a courty where they kill gays. My suggestion is just be happy for who you are && if people have a problem with it then let them. By being a US citizen ALL your rigts are protected under the 14TH ammendemnt. just becuase your a homosexual does not mean that you need special treatment. Just keep your sexuality to yourself then there will be no problems.
The 14th admentend give us equal protenction. I agrea with this guy when he says that the bill is unnesesary. I think with this law will balaced with society and give more equal oportunities.
I feel that there is more important things in the united state that we should be taking care of at this point. I agree with the barber part that there is some protection for those types of people. I think the 14 amendment covers all of types of protection. It helps you no matter what gender, color, or homosexuality you are By passing this bill we are saying that we are going provide more protection because there is not enough. While the rest of the people don’t have as much or sometimes any. The reason why I say this is because the Christian Attorney had what’s called a statement and had no research to get people to agree with him. So I think everything should just stay the same
I agree that everyone should be treated equal, just like the 14th amendment states. the 14th amendement states that everyone should be treated ewual and i dont think there should be any excuses for someone to be treated different. i think that the guy is right that the it al;ready inculde homosexual and gender. please and thank you.
BOMBIEESS!
I agree because the 14th amendment already states equal protection towards everyone and not just to certain people. If this bill passed it changes who wouild be included as equal, as in the amount of equality treatment they can get. The 14th amendment already includes equal treatment with homosexuals and transgenders, so there shouldnt be any reason for them to take that away from them because they still should be part of the people who should be treated equal.
I agree that everyone should get equal protection, and adding homosexuals and transgenders to the list, this would ensure that equal protection happens. It would not hurt anyone to add them to the list, and they should be thought of when we are protecting people rights, because after all, they are people too.
BOMBIESSS!!!
I think that the 14th amendment already covers homesexuals. While it does not specifically target them they are protected like everybody else. Also if they were to be added to the constitution it would make other minorities and groups of people want to be included in the naming. I like that the 14th amendment covers everyone in a general manner so that there doesn’t have to be exclusions and so there doesn’t have to be a giant list with every sort of group. The christian lawyer is right.
i believe that if they want to pass a bill on hate crimes they should make it apply to everyone. hate crimes do not only target homosexuals they target others as well. ok well yes passing a bill for hate crimes on homosexuals will help& will protect them but really if you wanna protect people from it they should also apply it to the top targeted race which is latinos. i did my editorial for ortega on hate crimes and my research concluded that lations are the number one race for hate crimes. so honestly if they wana pass a bill on hate crimes they should make it for everyone.
I believe that the 14th amendment covers the gender of people it seems as if this amendment covers alot of people in general. it sounds as if the christian lawyer is right. this makes everyone just stay the same. that what i think of the hate crime and the legislation.
What Sheila Jackson wants to do is include a person’s sexual orientation and gender under the hate crime law in the U.S. To me, this is unnecessary since the 14th amendment grants equal rights to every person. Adding sexual orientation and gender specifies a certain people, and that doesn’t sound like equality to me. A person who commits a hate crime is still committing a crime, they are still getting punishment for what they did. There is no need to add anything else.
I think that if they are going to make a bill they should apply it to everyone and every race not only a certain type of people or race. Hate crimes do not only apply to homosexuals.There are other people effected by hate crimes.If there making this bill to protect homosexuals they should make it to protect everyone too
I think that this bill is not necessary. The Fourteenth Amendment already protects everyone equally under the law. Making a bill only for transgender or homosexuals is not needed; they are alredy protected. Adding a bill is just a waste of time and money.
i agree with Matt Barber, I think that this bill is not necessary, yes there are hate crimes against homosexuals but they are not the only ones that are being judged and/or mistreated. the 14th amendment says that every person has equal rights, passing this bill will be like granting homosexuals special treatment, and it would just be a waist of time because they are already protected, and if someone commits a hate crime, they will be punished for that.
A number of you have said that the 14th Amendment already provides equal protection under the law, so why add it. At the same time, many you feel, as Stephanie noted by noting 19 years of research, that the current understanding of the 14th Amendment needs to be updated so the court system considers another category of individuals.
Both are good points. I would prefer to see the judicial branch of the government address this issue rather than the legislative branch. Why? The legislative branch tends to overdue it creating legislation that results in more problems than it solves.
I am wondering if hate crime legislation has reduced crime.
I agree with matt barber. The 14th amendment already provides equal protection so the bill is not necessary. Making a bill for only homosexual or transgender people like this is not necessary when they are already covered.
After reading the article, I would have to agree with Matt Barber. Because by adding gay people and transgender into the amendment is a form of discrimination. Gay people and transgender are no different from straight people or anyone else. So why “exclude” them? People get picked on for different reasons and life throws challenges at you. And if we make a law or punishment for every little thing, then what is going to happen? Besides we already have the 14th amendment. This amendemt protects all persons born or naturalized in the United States and nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Isn’t this enough?
I agree with Sheila Jackson-Lee for wanting to include crimes against a persons sexual orientation/gender into the definition of a hate crime. In the 14th Amendment it protects all people naturally born of the united states equal protection, but this really isn’t being enforced especially when dealing with transgenders and gays.
In the reading Matt Barber stated that he believed the bill was unnecessary because there isn’t an epidemic of hate crimes being committed against homosexuals/transgenders, but he is completely wrong. In 65% of hate crimes are because of a person is gay or something of that short. Society puts these people as out casts and they shouldn’t because they are people with feeling just like another person would have.
I think something needs to be done to the 14th amendment to be more strong in its purpose. Because currently those words, “equal protect” are not help anyone and things need to be CHANGED!
I think the 14th amendment is one of the best amendment there is dealing with race, the thirteenth and fifteenth also have a very idea of how to stop a citizen from being racist. This country is ivolving as a whole with all the different racial diversities, we really don’t need any kind of hate crimes in the United States. What i think the 14th amendment could work on is also helping the people who are not citizens or naturalized. It will be a much better place to live in.
Well, for one thing this article is way too short so it is very hard to come to a conclusion on what my opinion is on the reintroduction of this bill. Also there are no facts to back up any of the opinions of this piece. There are only vague opinions that people make without having any backup evidence on why they believe the things they do. For example, if I say that I believe that the “Z” letter should be eliminated from the alphabet because it is not very significant in our language; then I would not convince very many people because I do not have any facts to back up my opinion. However, if I say that the letter “Z” should be eliminated because only 0.1% of the English language has words that use the letter “Z”. In contrast to the 88% of people who misuse, misspell, or do not know words with the letter “Z”; then I would convince many people with my argument because it sounds reasonable as a result of my research. (Warning: These are not real facts I only used them as part of my example)
Now even though this article has many flaws and not very many facts I still have an opinion after reading this article. I believe that the fourteenth amendment was written to try to have fair treatment among all U.S. citizens. This means that there should not be such thing as hate crime, but since we sadly live in a world surrounded by hate and violence there needed to be an arrangement to fit the hate crime law. Now I believe that every time you use violence you should be punished because it is not right, but since that is not possible something else needs to be done that does not exclude regular citizens like me. I’m not sure what yet, but definitely not changing the hate crime law one more time. What needs to be done is create one universal hate crime law.
So in the end I agree with Matt Barber.
I agree with chritian attorney. theres no need for speacial attention to anyone. treat others the way you would like to be treated. The Homosexuals are no different, just cause they arnt normal that dont mean they need speacial attention. they brought it on themselves to be different. so they should just live with what comes with being different. Being different brings attention, and theyre suffering cause they choose to be that way.
“The Fourteenth Amendment to the United States Constitution guarantees equal protection under the law,” he explains. “Hate crimes legislation is a prima fascia violation of the Fourteenth Amendment in that it elevates one class of citizen based upon their chosen sexual behaviors above other people. It creates a two-tiered justice system where there are first-class victims and second-class victims.”