The savage attack on parishioners at Emanuel AME Church occurred in one of only five states that cannot legally recognize this act for what it is: a vicious hate crime. Hate crimes laws are an essential tool for countering such bias-motivated violence and mitigating its impact. One of the most constructive ways for South Carolina and its neighbor Georgia — one of the other five states — to honor the victims is by enacting hate crimes laws.
Hate crimes laws are more than just a vehicle for increasing sentences for criminals who target victims based on race, religion or other personal characteristics. They also provide a way for society to recognize that these crimes strike special fear within victimized groups, fragment communities and tear at the very fabric of our democratic way of life.
Every major police organization in the country has supported hate crime laws — because they understand the special impact of these crimes. The FBI has been collecting hate crime data from the 18,000 police agencies across the country since 1990. In 2013, the most recent FBI data available, almost 6,000 hate crimes were committed – almost one every 90 minutes of every day.
Despite the unique societal impact of hate crimes and decades of data demonstrating the utility of these laws, some policy opponents argue that hate crimes laws punish thought or religious speech. Not true. Americans are free to believe and say whatever they want. Hate crimes punish criminal acts – such as murder, assault and vandalism. Just like any criminal case, hate crime laws require bias motive to be proven beyond a reasonable doubt. The U.S. Supreme Court unanimously upheld hate crime laws against a First Amendment challenge in 1993.
Others may wrongly argue that hate crimes laws provide special rights for certain minorities. But hate crime laws are color blind. These laws protect all Americans – whether in the minority or majority — by covering crimes when the victim is targeted because of race, religion, sexual orientation, or other personal characteristics.
It would be naïve to think that racism and bigotry can be legislated away. However, strong, inclusive hate crimes laws, and effective responses to hate violence by public officials and law enforcement authorities, are essential components in deterring and preventing these crimes. When these crimes are committed, condemnation by civic leaders and hate crime charges can bring a measure of dignity and closure to victims, as well as the victim’s communities.
Charleston was a wake-up call for many about the dangers of unchecked hatred and bigotry in America. Just as Gov. Nikki Haley quickly recognized that “it is time” for the Confederate flag to be removed from the South Carolina Capitol grounds, it is time for South Carolina and Georgia to join the 45 other states that already have hate crimes laws.
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