Punishing Hate

It seemed like the murder of Matthew Shepard might have been enough. It seemed like the sight of a young man strung up on a fence post by vicious killers simply because he was gay might have been enough to prompt the state legislature in Wyoming to enact hate-crimes legislation. In the wake of the killing, in the wake of the national outcry that followed, it seemed like the obvious fact--that violence motivated by racial, ethnic or sexual bias warrants extra punishment--was on the verge of acceptance.

But suddenly, the outrage is gone. The Wyoming state senate quashed proposed hate-crime legislation last week. Colorado, Idaho, Montana and Utah have all defeated similar bills over the past few months. Only 40 states have hate-crimes legislation. Of these, only 21 specifically provide for hate-crimes prosecution for crimes against gays and lesbians. Despite federal statistics that show 14 percent of reported hate crimes nationwide are motivated by sexual orientation, the movement to add a sexual orientation clause to hate-crimes laws has run into a brick wall.

While the murder of Matthew Shepard is the most horrendous example of hate crime, hate crime legislation is also vital in the prevention of lesser crimes which have the effect of terrorizing whole group of citizens. Surely spray-painted swastikas and burning crosses are far more pernicious than ordinary vandalism.

Opponents of hate laws employ a simplistic and misleading argument: "All crimes are hate crimes," says Gov. Gary E. Johnson, the Republican governor of New Mexico, who has promised to veto any hate crime legislation that comes before him. No one would dispute his statement. But crimes based on hatred of an individual are different from crimes based on hatred of a whole part of our nation.

The murder of Matthew Shepard was more than a personal loss for his family and friends; it was an act of social intimidation that impacted the thousands of gays and lesbians in Wyoming and the millions across the country. It sent a violent and unmistakable message: Unless you are willing to live your life in fear, unless you are willing to risk the violent prejudice of your neighbors, you cannot live as who you are.

Hate-crimes legislation will not erase bias against homosexuals in this country, just as existing hate-crimes laws have not eliminated racism. But it will recognize that crimes motivated by hate--crimes committed against homosexuals because they are homosexuals--are profoundly harmful to our society and should be punished accordingly. The federal and state governments must take every step in their power to ensure that gays and lesbians enjoy the same freedom from fear that the rest of society takes for granted.