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Why is it that women (and men) are not protected under hate crime laws?
- Thread starter Alli
- Start date
quizzard123
New member
You are wrong. Gender, including transgender as well as the standard options, is a protected class.
no vanilla for me
New member
valid point, perhaps you should argue that to the supreme court if you are now, or ever become an atty.
Gender, unfortunately is often overlooked in legislation that is aimed at discriminatory practices. In fact, you might be surprised to learn that gender is not even protected by the Constitution. The Equal Rights Amendment, which was proposed in the 70s, would have given women absolute equality under the Constitution, but it was never ratified. Of course, the Civil Rights Act prohibits gender based discrimination. But there is nothing that would prevent a future Supreme Court from finding the Act unconstitutional.
I have recently begun to question ALL hate crime legislation, though. I think it violates the 14th amendment's equal protection clause. If I am assaulted because someone doesn't like the way I look or what I say, I am treated differently (i.e., given a different level of protection) than someone who is assaulted because they are a member of a protected class.
I have recently begun to question ALL hate crime legislation, though. I think it violates the 14th amendment's equal protection clause. If I am assaulted because someone doesn't like the way I look or what I say, I am treated differently (i.e., given a different level of protection) than someone who is assaulted because they are a member of a protected class.
Y
You're in denial
Guest
Re-read and/or re-do your research. Everyone is protected against hate crimes.
- Although state and federal laws vary, typical protected characteristics are:
1. Race (black, white, green, blue, purple, orange - it doesn't matter).
2. Religion.
3. Ethnicity.
4. Nationality.
5. Gender.
6. Sexual orientation.
7. Gender identity.
8. Disability.
I'm wondering if you are getting confused by the "Matthew Sheppard Act"?
The Matthew Sheppard Act was just passed & signed into law on October 22, 2009 by President Obama. Matthew Sheppared was a white male who was beaten, tortured, & killed because he was gay. This act was added as an amendment to the hate crime law.
Sounds like that is what you are referring to.
- Although state and federal laws vary, typical protected characteristics are:
1. Race (black, white, green, blue, purple, orange - it doesn't matter).
2. Religion.
3. Ethnicity.
4. Nationality.
5. Gender.
6. Sexual orientation.
7. Gender identity.
8. Disability.
I'm wondering if you are getting confused by the "Matthew Sheppard Act"?
The Matthew Sheppard Act was just passed & signed into law on October 22, 2009 by President Obama. Matthew Sheppared was a white male who was beaten, tortured, & killed because he was gay. This act was added as an amendment to the hate crime law.
Sounds like that is what you are referring to.
In order to be protected under a hate crime statute, you must be in a suspect class, or protected class, under the law. The recent legislation made gays and transsexuals such a class for purposes of hate crimes. If you made men and women suspect classifications, then the hate crime designation would be meaningless. The purpose of the hate crime statute is to protect those who would likely be the victims of crime because of their status. Yes, there are crimes against men and women. Sure. But it is uncommon for the crime to be simply because of gender. Unfortunately, gays and transgendered people are targets for ignorance and hatred. That is why they are now protected.