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Jul 16, 2009
Rep. Davis' comments
Right-wing religious groups are using comments by Alabama Democratic Congressman Artur Davis in a furious battle against adding sexual orientation to the existing Hate Crime Law. Davis originally voted in support of expanding the bill, but has since changed his mind and now opposes it. Other opponents are using Davis' comments about using the law against pastors to further their argument:
During the House Judiciary Committee markup in 2007, Rep. Artur Davis (D-AL) admitted that the legislation will not protect a pastor (as well as Bible teachers, Sunday School teachers etc.,) from prosecution.
House Democrats attached the legislation to the massive Defense Authorization Bill that is up for a vote today, infuriating Republicans, though they had used procedural moves to block a vote on the bill as stand-alone legislation.
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I suppose you're referring to the "Matthew Shepard Hate Crimes Prevention Act," which in the Senate is S.909.
ReplyDeleteOf course, Davis in the House (we could have fun with that phrase!), but since the bills must be reconciled, I think it safe to comment on your citation.
Rep. Davis' remark is about two years old. That's enough time for many things to change in a bill. So it'd be appropriate to read more timely remarks from him on that issue.
I wrote to a friend who forwarded something similar to me, that in my estimation was a "Chicken Little" effort. You know... "The sky is falling! The sky is falling!"
The message contained similar allegations, claiming that it "will make it illegal for any pastor to preach against homosexuality."
I replied that, as I read the bill (http://thomas.loc.gov/cgi-bin/query/z?c111:S.909:) - "I find NO BASIS for any allegations."
I wrote further that, "In fact, the phrase "willfully causes bodily injury" occurs and establishes the guideline. Further, the following expressly forbids prosecution based upon religion." And cited the following excerpt in context and entirety.
SEC. 10. RULE OF CONSTRUCTION, paragraph (4) FREE EXPRESSION - Nothing in this Act shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.
I concluded with this remark: "Philosophically, I think our present laws are sufficient to punish anyone whom "willfully causes bodily injury" to another for any reason. However, how do "we the people" by and through our government reinforce the idea that ALL are created equal, and are entitled to equal protection under the law? THAT is a worthy debate, the answer to which I'd like to hear the opinions of those whom oppose S.909!"