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Ga. Legislature May Detour Hate Crimes Legislation

In an article published yesterday, the Atlanta Journal-Constitution reported that efforts to restore hate crimes protection in Georgia may be out of reach in the upcoming 2008 session. Georgia’s original hate crimes law, passed in 2000 under Democratic leadership, was thrown out by the state Supreme Court in 2004 due to “vague” wording. State Senator Vincent Fort (D-Atlanta) proposed a bill to restore the law last year, which passed the Senate Judiciary Committee but never made it to the Senate floor. Instead, Georgia’s Republican-led Senate opted for a measure by newbie Sen. Bill Cowsert (R-Athens), which simply proposed study on the issue. Cowsert’s study group has met twice, with no one speaking in objection to including LGBT Georgians in any hate crimes bill. The director of the Georgia Bureau of Investigation and groups representing police chiefs, prosecutors and sheriff’s departments all expressed support for hate crimes protection at a November hearing.

Meanwhile, Georgia House Speaker Glenn Richardson has said he is not inclined to address the issue. Sen. Cowsert told the AJC that including LGBT citizens “could be a factor” in whether or not the legislature will support a bill. And Sadie Fields of the Georgia Christian Alliance, a leading voice of anti-gay hate during Georgia’s marriage amendment debate in 2004, told the AJC that “We definitely would oppose any legislation that included sexual orientation.” Poor Sadie. If she only had a heart.

Among the excuses Republicans use to justify excluding the LGBT community from hate crimes protection is a concern that such a law would have a “chilling effect” on a church’s ability to preach hate from the pulpit. It would seem that such hate speech is chilling in its own regard. But that argument is a red herring. According to the Anti-Defamation League (ADL), all but five states (Georgia among them) have figured out how to punish hate without silencing speech, even if it’s hateful speech. In fact the AJC article quotes ADL Lawyer David Barkey that Georgia already has laws in place that distinguish between freedom of speech and criminal acts. (Unfortunately, Georgia is not in such limited company when it comes to specific hate crime protection for the LGBT community: 14 of the 45 states that do have some measure of hate crime protection did not include sexual orientation in their laws. Only 11 states include gender identity. See ADL’s state hate crime comparison chart for the details.)

The other Republican argument is equally hollow. We’ve all heard it before: crime is crime. It’s already illegal. They make no effort to explain, then, why law enforcement and prosecutors overwhelmingly want a hate crimes law. And the right-wing pot has no qualms calling the kettle black when it comes to specific punishment for flag-burning. If we follow their logic, flag-burning is destruction of property–already a crime. Why then have Republicans always postured for extra punishment just because that property is the American Flag?

If you look behind the curtain, you can see such Republican wizardry for what it is: just a bunch of old white guys trying to look strong and powerful, turning the knobs and pulling the levers of religion to suit their own agenda. Homophobia is an effective diversion, in lieue of a strong economy, affordable and accessible healthcare, schools that make America competitive for the future, or a foreign policy that foster respect rather than distrust and disdain. Republicans continue to attempt to hold on to power through fear and exclusion, rather than effective governance. The right wing wants Georgia and the nation to follow them down this yellow brick road again. Please. Don’t make me get the flying monkeys.