Hate crimes undermine the notion of equality
Guest Commentary:
It’s a scene played out all too frequently: Gunfire shatters a neighborhood’s quiet routine. Screams echo through its streets or the halls of one of its apartment complexes. Sirens wail. An ambulance hauls away the bodies, a police cruiser hauls away a handcuffed suspect or suspects. Later: A trial, a verdict, a sentence. Some lives are lost, others forever changed.
On Tuesday, Feb. 10, that story line came to Chapel Hill, N.C. Three young people, Shaddy Barakat, Yusor Abu-Salha and Razan Abu-Salha, lie dead. The suspected killer, Craig Stephen Hicks, stands charged with three counts of first-degree murder.
It’s an ugly thing. Unfortunately, instead of mourning the victims and seeking justice versus their killer, many seem caught up in disputes over motive. Were these three killed over a parking space? Or were they killed because they were Muslims?
If the latter, some assert (and, unfortunately, have the legal power to back the assertion with charges) that the victims enjoy special status because their murders constitute a hate crime.
That assertion and the laws associated with it go 180 degrees against the United States Constitution, and against the goal of a just social order, in several ways.
Under hate crimes laws, if a victim belongs to any of various protected classes, and if the criminal’s motive is demonstrably connected to the victim’s status as a member of such a class, additional charges may be laid and additional penalties or punishments levied.
Those conditions are repugnant to the 14th Amendment’s requirement that all Americans enjoy equal protection of the law. It treats some victims as more valuable than others, and some criminals as more culpable than others, with respect to the same crimes.
Hate crimes laws also do damage to the First Amendment’s enshrinement of our rights to think, speak and worship as we please. Only the violent act may be prohibited. The underlying idea, no matter how ugly or hateful, is sacrosanct. While ugly and hateful ideas are rightly subject to criticism and social pressure and preferencing (who but another Ku Klux Klansman wants to make friends with a Klansman?), “ThoughtCrime” must never be forbidden, let alone punished, by law.
The blood of Shaddy Barakat, Yusor Abu-Salha, and Razan Abu-Salha cries out from the ground. It cries for justice versus their killer, not for vengeance versus their killer’s beliefs or motives. We the living should heed that cry. #everylifematters.
— Tom Knapp is the Director of The William Lloyd Garrison Center for Libertarian Advocacy Journalism