MICHIGAN MESSENGER -- Clash over bias-crime protections for sexualorientation, gender identity continue

 

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Subject: MICHIGAN MESSENGER -- Clash over bias-crime protections for sexualorientation, gender identity continue

"'The notion that some victims are worthy of greater protection based on their choice of sexual behavior or a man choosing to wear a dress to work is something we do not think would be appropriate or would be supported by the people of Michigan,' Gary Glenn, president of the American Family Association of Michigan, told the (Michigan House Judiciary) committee during a hearing on Wednesday.  Glenn and his group contend that the legislation would send a perpetrator of a crime against a gay person based on that person's sexual orientation to prison for longer than a crime perpetrated against an elderly resident, pregnant woman or a child "at random."

 

...Glenn also attacked the legislation alleging it would send religious people to prison for speaking out against homosexuality or marriage equality.  'You are being asked to make potentially prosecutable as accessories people who speak out in favor of marriage the same way the overwhelming majority of the voters in this state did in 2004,' Glenn said."

 

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MICHIGAN MESSENGER

Lansing, Michigan

May 14, 2009

 

Clash over bias-crime protections for sexual orientation,

gender identity continue as bills clear committee

Glenn's accusations that the legislation would open the door for the prosecution of clergy and other critics of homosexuality and marriage equality called inaccurate.

by Todd A. Heywood

 

LANSING — After nearly an hour and half of testimony, the House Judiciary Committee on Wednesday voted along party lines to send a two-bill package on bias crimes to the House floor for further action, expected Thursday afternoon. The bills, introduced last month, would expand the state's ethnic intimidation act to include crimes against persons because of race, religion, disability, gender, gender identity or expression of gender, national origin or ancestry, sexual orientation or status as a veteran.

But it's been the provisions to include protections from crimes based on sexual orientation or gender identity that has outraged social conservatives.

"The notion that some victims are worthy of greater protection based on their choice of sexual behavior or a man choosing to wear a dress to work is something we do not think would be appropriate or would be supported by the people of Michigan," Gary Glenn, president of the American Family Association of Michigan, told the committee during a hearing on Wednesday.

Glenn and his group contend that the legislation would send a perpetrator of a crime against a gay person based on that person's sexual orientation to prison for longer than a crime perpetrated against an elderly resident, pregnant woman or a child "at random."

In an exchange with Judiciary Chairman Mark Meadows, an East Lansing Democrat, Glenn said he was not opposed to the addition of other protected categories to the law, except for sexual orientation and gender identity, which he referred to as "homosexual behavior and cross dressing," throughout his testimony. He opposed those two categories because they were not "morally, socially or legally equal to race."

Glenn also attacked the legislation alleging it would send religious people to prison for speaking out against homosexuality or marriage equality.

"You are being asked to make potentially prosecutable as accessories people who speak out in favor of marriage the same way the overwhelming majority of the voters in this state did in 2004," Glenn said.

 

But one of the bill's sponsors, Rep. Robert Jones, a Kalamazoo Democrat, said that was not accurate.

 

"In fact this legislation protects free speech," Jones said. "The free speech rights of all citizens including particularly those who speak out of religious conviction or those who may speak using unpopular ideas by requiring that the prosecutor must prove that the defendant committed one of the specified named assault or property crimes before alleging that the defendant's motive of the crime was bias. This legislation would ensure that no person can ever be prosecuted for expressing their opinion whether it is expressed in a sermon, on a street corner or anywhere else."

In an interview with Michigan Messenger earlier in the week, Jones characterized the concerns that the legislation would harm religious freedom and free speech as "lies."

Testifying on behalf of the Michigan Prosecutors Association, Brian Mackie, prosecutor for Washtenaw County, said he supported the legislation.

 

"Our system works pretty good for us, and it will work better if we have another tool to help make us safe," he told the committee. Mackie also said a preacher or other person speaking out against sexual orientation would not be prosecuted under the law.

As reported by Michigan Messenger on Wednesday, Rep. Rick Jones, a Grand Ledge Republican, said that as is, the legislation would have difficulty passing the Republican-controlled Senate. The former Eaton County sheriff offered up an amendment, which he said he believes will pass the House with bipartisan support and win Senate support. The amendment reads as follows:

"A person is guilty of intimidation if that person maliciously, and with specific intent to intimidate or harass any class or group of persons with a common characteristic, or any individual within a class or group of persons with a common characteristic, by doing any of the following to one or more members of that class or group, or to any other individual because of their association with a class or group of individuals with a common characteristic:"

The amendment would then pick up with a list of crimes which could have a bias motive to them. Among those crimes are arson, assault, murder and other property crimes, such as malicious destruction.

 

Meadows said the amendment was "interesting." But said he had some concerns about the amendment open to judicial interpretation.

"The problem is we try to leave as little as possible for the courts to interpret," he said. "Leaving it to the courts makes me nervous."

The full House is expected to take up the measure Thursday afternoon. During that time, it is expected that the amendment from Rep. Rick Jones will be offered, as well as an additional piece of legislation which will address only cross burnings and noose hangings.

http://michiganmessenger.com/19088/clash-over-bias-crime-protections-for-sexual-orientation-gender-identity-continue-as-bills-clear-committee

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