A good hate-crimes bill would not convict without a trial. It would not automatically classify every attack on an LGBT as a hate crime, but would require there be something in the assailant's history showing a hatred of LGBT. If the assailant attacks someone in a manner that makes it clear it is because he is LGBT, yes, that is evidence enough. But, if you are just attacking an LGBT person, and it is just assumed you are doing so because he is LGBT, no, that is not enough.
We are a nation that believes in due process. We are a nation that believes in innocent until proven guilty. We cannot just assume it a hate crime without any evidence. A hate-crimes bill that says crimes committed agains the Jews are all hate crimes is not a fair law. There must be evidence that the perpetrator held a hatred of Jews. Due process? We must give the accused due process, and not assume he (or she) is committing a hate crime, just because the victim is an LGBT.
Due process? To abandon this tenant of justice is to abdicate in our belief in justice. It is one step forward, but one step back. Let us not give up the justice we have while in search of the justice we need.
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