Pa. justices strike down LGBT hate-crimes law

Citing a technicality, the Pennsylvania Supreme Court on Wednesday struck down 2002 changes to the state's hate crimes law that added sexual orientation, gender, gender identity, ancestry and disability.

The changes to the Ethnic Intimidation and Institutional Vandalism Act had been added at short notice to a bill that made it a crime to destroy crops, the Pittsburgh Post-Gazette reported. The state legislature passed the bill, and it was signed into law by Republican Gov. Mark Schweiker.

[Pauline]

Judge not lest thee be Judged.

[Texas Bird]

I am the B in the LGBT. I wonder: what are we going to do now? Not rhetorically but for real. Will there be a letter writing campaign to our state reps? Petition?

[Tony C]

I guess the "alabama" part of pennsylvania is winning.

[Hate Crime what is it]

Tony C wrote:

I guess the "alabama" part of pennsylvania is winning.

Or, Americans don't think there is a need for a hate crime. A crime is a crime, doesn't matter who was the victim. Crime already shows that you don't care about your neighbor. If you have no regard for your neighbor you have no regard for yourself and therefore are just filled with evil (hatred). Any crime is done out of hate.

Tony C, if I held a knife to your throat and stole your wallet because I needed the money to pay for drugs, does that make it a hate crime? When the cops come, they see this victim who was just robbed. When they get the victim impact statement they find out you are gay and than pretty much after that it is considered a hate crime unless proven otherwise. Because it is done on the bias of the victim statement, who are the cops to say it wasn't.

The law also puts you ahead of me. If someone commits a crime against me it is just a crime. If someone commits a crime against you it is a crime and a hate crime. Something seems wrong to me...

[Tony C]

Hate Crime what is it wrote:

<quoted text>
Or, Americans don't think there is a need for a hate crime. A crime is a crime, doesn't matter who was the victim. Crime already shows that you don't care about your neighbor. If you have no regard for your neighbor you have no regard for yourself and therefore are just filled with evil (hatred). Any crime is done out of hate.
Tony C, if I held a knife to your throat and stole your wallet because I needed the money to pay for drugs, does that make it a hate crime? When the cops come, they see this victim who was just robbed. When they get the victim impact statement they find out you are gay and than pretty much after that it is considered a hate crime unless proven otherwise. Because it is done on the bias of the victim statement, who are the cops to say it wasn't.
The law also puts you ahead of me. If someone commits a crime against me it is just a crime. If someone commits a crime against you it is a crime and a hate crime. Something seems wrong to me...

Sorry but that's not what's up for debate here.

Hate crimes laws already exist. That ship has sailed. If you want to fight to repeal ALL hate crimes laws, then be my guest.

What is NOT acceptable is to leave all the other hate crimes laws on the books, but exclude sexual orientation from the list. It's not equal and it makes no sense.

[Rick in Kansas]

The only reason that the Pennsylvania law was struck down was not that it was unconstitutional in and of itself, but because the state legislature flagrantly violated its constitutional authority in passing it. If the measure had been passed in its own right instead of being attached to a bill that made it a crime to destroy crops, this case would never have made it to this point. The legislature has simply wasted a great deal of time and money instead of acting as they are authorized to do. Once this measure is passed in the appropriate manner it will provide the needed protections without the fear of a constitutional challenge...

[ACLU-Tom]

Rick, as a Pennsylvanian, thank you for actually understanding why it was struck down, and for posting it so plainly for others to see (even that specious little troll, Wil).

Rick in Kansas wrote:

The only reason that the Pennsylvania law was struck down was not that it was unconstitutional in and of itself, but because the state legislature flagrantly violated its constitutional authority in passing it. If the measure had been passed in its own right instead of being attached to a bill that made it a crime to destroy crops, this case would never have made it to this point. The legislature has simply wasted a great deal of time and money instead of acting as they are authorized to do. Once this measure is passed in the appropriate manner it will provide the needed protections without the fear of a constitutional challenge...

[Rick in Kansas]

You're welcome, but Wil will never get it, he chooses not too...
I had to read a half dozen articles on this story before I found this one which doesn't mischaracterize the decision. I hope that the law can be reapproved in the proper manner this time around without much difficulty, the conservative forces that were behind the challenge are pretty much dancing on the courthouse steps over this one as if they had actually struck down the law itself instead of winning on the a very technical technicality. They've been energized by the decision and may be more willing to put up a fight on re-approval...

ACLU-Tom wrote:

Rick, as a Pennsylvanian, thank you for actually understanding why it was struck down, and for posting it so plainly for others to see (even that specious little troll, Wil).
<quoted text>

[Pauline]

Tony C wrote:

<quoted text>
Sorry but that's not what's up for debate here.
Hate crimes laws already exist. That ship has sailed. If you want to fight to repeal ALL hate crimes laws, then be my guest.
What is NOT acceptable is to leave all the other hate crimes laws on the books, but exclude sexual orientation from the list. It's not equal and it makes no sense.

When a crime is committed for the sole reason of hate its a hate crime. killing one type of person for hate, like the Jews in Germany in the 30's to 45. or Killing an Indian because he is an Indian. is hate. the shooting in a Tennessee church is a hate crime, against liberals, I doubt if it will be charged. Killing a Gay, Lesbian, or Trans person is almost considered a crime to the extent of taking Game out of season or no license hunting.

Today a sentence for stabbing and killing a trans person is worth 8 3/4 years and they have to serve 85% of it.

No word if he will get the reward. I feel that we have bounties on our heads. Cops beat us when we are handcuffed, an office full of cops ignores the beating, one officer holds down the handcuffed transperson. the nurse walked by and ignored it. the officer put on leather gloves and then put his handcuffs around his fist to make it hurt more, there have been two murders in the same community since and no one is looking for the killers. I think they should look hard at the cop who beat the woman and was fired for it. But only because it was recorded on tape. Other wise no one would have noticed and it would be just another drunk woman falling all over the police station.