It is to make it s a Federal Crime. There are those who see it as an attempt to silence those who are against homosexuals.I don’t understand why they need to have this legislation. Isn’t causing someone bodily injury already a crime?
The question is can those who say homosexuality is wrong be prosecuted for a hate crime.(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person–
ReligiousTolerance“If a minister was giving a sermon, a Bible study or any kind of written or spoken message saying that homosexuality was a serious sin and a person in the congregation went out and committed a crime against a homosexual would the minister be charged with the crime of incitement?” Artur Davis (D-AL) anwsered “yes.”
Here’s what the bill says.A new bill (HR1592), cleared committee for a full vote by the House, threatens religious leaders with criminal prosecution for their thoughts, beliefs, and statements. Click here to read the entire bill.
So much for religious freedom.
With all due respect to Congressman Davis, and to the members of this forum who have quoted him, that sounds like hogwash.As was stated above …
“If a minister was giving a sermon, a Bible study or any kind of written or spoken message saying that homosexuality was a serious sin and a person in the congregation went out and committed a crime against a homosexual would the minister be charged with the crime of incitement?” Artur Davis (D-AL) anwsered “yes.”
No. I can read the bill just as well, and probably better, than the congressman. The law doesn’t say what you and the congressman claim. We are not subject to the claims of congressmen, we would be subject to the law as written were it passed.One would think that a lawmaker would have a better understanding of the law that he is trying to pass than those of us who are not lawmakers. Yes? No?
No. The lawmaker can read the bill just like you or I can read the bill. It is very clear. There is no reason to think judges, juries, prosecutors, and defense attorneys are as stupid as this lawmaker. We are subject to the law, not his incorrect opinions.First off, it isn’t what I say but what a LAWMAKER says and if a lawmaker can understand it incorrectly, then so can a judge and that’s where the problems come in.
Um…ever heard of the term “legislative intent”? That’s what the judges look to when interpreting a statute. Go to findlaw.com and search for “legislative intent” or “intent of the legislature”. You’ll get more hits than you can read.No. The lawmaker can read the bill just like you or I can read the bill. It is very clear. There is no reason to think judges, juries, prosecutors, and defense attorneys are as stupid as this lawmaker. We are subject to the law, not his incorrect opinions.
Legislative intent has to be supported by the text of the law. When the text provides no support, we are not subject to the desires of the legislator.Um…ever heard of the term “legislative intent”? That’s what the judges look to when interpreting a statute. Go to findlaw.com and search for “legislative intent” or “intent of the legislature”. You’ll get more hits than you can read.
Besides – the question wasn’t whether he could be charged with a hate crime, but rather whether he could be charged with INCITEMENT to a hate crime.
And the answer would seem to be “yes”.
The bill as written provides no religious exemption to prevent the charge of incitement, and therefore it would apply. Amendments were proposed, but they were shot down in the name of inclusivity.
God Bless,
RyanL
Why would you think this when it was his staff, not him, and the legislative counsel who wrote this and who read this? Most of the time the reps. just know only what their staff told them about the legislation (the staff usually are the ones who read it, not the reps. or senators)One would think that a lawmaker would have a better understanding of the law that he is trying to pass than those of us who are not lawmakers. Yes? No?
Lol. You would certainly think so. Unfortunately, this has demonstrably not been the case in American jurisprudence.Legislative intent has to be supported by the text of the law. When the text provides no support, we are not subject to the desires of the legislator.
Yup. It would be covered under a state or federal code which read something like this:Incitement is not mentioned in this law. Many laws do include incitement. This one does not. That would have to be covered under a different statute.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense, is punishable as a principal.
No, silly, an exemption from prosecution for incitement with regards to this specific felony on the basis of religious teachings.I agree the law does not provide a religious exemption because it specifically addresses bodily harm. Why should the religious be exempt?