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Ah, in that case you're arguing for similarity in intent of the framers. It's akin to saying that the reason Murder 1 is punished more thoroughly than Murder 2 is to deter people from planning out murder. Which, arguably, can be said to be true.
You muddled your position with the "robbery is robbery" comment, incidentally.
The difference here, however, is that in mandating stricter punishments based on the severity of a crime, those additional punishments are based on tangible differences in the crime committed.
To use the bar example, had someone simply thrown a rock through the window of a "straight" bar where the management had previously thrown them out, with precisely the same result (wounded patron, etc), they would face a less severe punishment than the ones who attacked the "gay" bar.
Again, to reiterate, punishing motive. Not severity. The only difference in the crime is why it was committed.
Now, the argument that we should, as a society, reinforce that certain behaviors are unacceptable has some merit. But hate crime legislation is only peripherally about behavior. We already have laws in place, after all, to cover any behavior that would theoretically land one afoul of the legal system. To levy additional punishments based simply on the motive of the crime does not afford those being charged with said crime equal rights; it degrades the rights of the bigot. Punishment based on motive is inherently unfair.
The argument that bigots are evil bastards and therefore deserve to have their rights degraded could be raised, but I assume that people have better sense than that.
You muddled your position with the "robbery is robbery" comment, incidentally.
The difference here, however, is that in mandating stricter punishments based on the severity of a crime, those additional punishments are based on tangible differences in the crime committed.
To use the bar example, had someone simply thrown a rock through the window of a "straight" bar where the management had previously thrown them out, with precisely the same result (wounded patron, etc), they would face a less severe punishment than the ones who attacked the "gay" bar.
Again, to reiterate, punishing motive. Not severity. The only difference in the crime is why it was committed.
Now, the argument that we should, as a society, reinforce that certain behaviors are unacceptable has some merit. But hate crime legislation is only peripherally about behavior. We already have laws in place, after all, to cover any behavior that would theoretically land one afoul of the legal system. To levy additional punishments based simply on the motive of the crime does not afford those being charged with said crime equal rights; it degrades the rights of the bigot. Punishment based on motive is inherently unfair.
The argument that bigots are evil bastards and therefore deserve to have their rights degraded could be raised, but I assume that people have better sense than that.