Posted by
David Hart on Saturday, April 25, 2009 3:38:48 PM
I am not sure exactly why we continue to read that the new hate crimes legislation will result in pastors being jailed for preaching their biblical views on homosexuality. It seems that the entire Christian right is united in promulgating this
falsehood. When people argue against something based on manufactured points, that suggests an
agenda that they are unwilling to disclose. In this case, the facts are so obvious that the "debate" has become remarkable for its disingenuous attack from the religious right.
H.R. 1913
– "To provide Federal assistance to States, local jurisdictions, and
Indian tribes to prosecute hate crimes, and for other purposes". – is
limited to
violent crime. Furthermore, it contains the following:
"Nothing
in this Act, or the amendments made by this Act, shall be construed to
prohibit any expressive conduct protected from legal prohibition by, or
any activities protected by the free speech or free exercise clauses
of, the First Amendment to the Constitution."
Another theory goes something like this: United States Code Title 18,
Section 2, is evidence of how the legislation could be used against
people who merely speak out against homosexuality. It states:
Whoever
commits an offense against the United States or aids, abets, counsels,
commands, induces or procures its commission, is punishable as a
principal. Thus, a Christian pastor or other teacher could be
tried for openly speaking out against homosexuality if someone
misconstrues their message as encouragement to commit a violent crime
against another person – even if the Christian leader never advocated
the offense.
False
Intent or knowledge is a Key factor In third-party responsibility for crimes (aiding and abetting - USC 18:2).
Conviction
in such cases typically requires intent or knowledge of the ensuing
criminal actions. Indeed, it would constitute a violation of the First
Amendment if speakers or publishers could unwittingly cause crimes for
which they then could be held responsible. HR1913 includes specific First Amendment applicability.
Federal
criminal law creates a general "aiding and abetting" offense for those
who "provide knowing aid to persons committing federal crimes, with the
intent to facilitate the crime." Importantly, the aider and abettor's
state of mind must be "knowing" and "intent[ional]"; recklessness alone
is not enough. The question is exactly when the First Amendment does,
and does not, prohibit prosecution under the statute.