Talking Points
- Hate crimes are unique in that they are message crimes, crimes committed against
individuals BECAUSE THEY BELONG TO A SPECIFIC RACE, RELIGION, GENDER OR SEXUAL
ORIENTATION. In this they are crimes against GROUPS of people--and thus they
differ greatly from other crimes and are not adequately addressed by other laws.
- From classrooms to barrooms many Idahoans are living in fear. Hateful violence,
vandalism and harassment should not be part of any Idahoan's day to day life, yet
many of us of all ages must endure harassment, vandalism and the threat of violence
on a daily or weekly or monthly basis. Existing laws simply are not adequate to
address this problem .
- As a state trying to repair its image as a haven for violent extremists,
an amendment to Idaho's Malicious Harassment laws makes real the promises
made by Governors Batt and Kempthorne that violence and hatred will not be
tolerated here. By refusing to take a stand the legislature is sending a message
that such hatred is OK.
HATE CRIMES -- MALICIOUS HARRASSMENT LAWS
Background
In January of 1998 the House State Affairs Committee considered
House Bill 36 which would have extended the state's Malicious Harassment
Laws to include gay and lesbian Idahoans. The bill died in committee and
was never voted on by the full House or Senate.
Here is the speech given to the committee by then YFFN chair Misty Schymtzik:
As we all know, gay, lesbian, bisexual and transgender people are some of
the most frequent victims of hatred and harassment in Idaho and nationwide.
Hate crimes, it is important to note, are different from simple assault,
battery, murder and vandalism. Hate crimes are unique in that they are
message crimes, crimes committed while a clear threat or message is sent
to the victim and most importantly also to others in the community. These
crimes are, by definition, committed against individuals BECAUSE THEY BELONG
TO A SPECIFIC RACE, RELIGION, GENDER OR SEXUAL ORIENTATION. The unique affect
for others hearing the verbal, written or implied threats associated with
the categories "nigger" "faggot" "jew" etc... is that all those belonging
to the same group suddenly become potential targets and the crime and threat
of crime then extends beyond the individual victim into an entire community.
Idaho's malicious Harassment laws have been on the books to protect those of
diverse racial and religious backgrounds for more than 15 years. Twenty one
states already include sexual orientation in their Malicious Harassment laws.
At a time when even non-gay men like local artist Mark Bangerter are being
beaten on the streets of Boise for appearing to be gay or visiting places with
gay customers, you must, as lawmakers, send a message that violence is not
acceptable and so create an umbrella of safety for all Idahoans.
Malicious Harassment laws are essential because they help provide
additional deterrents to those who think that violence against gays
and lesbians is OK.
Please consider adding sexual orientation and gender identity to Idaho's
Malicious Harassment Law to help provide additional deterrents to those
who think that violence against gays and lesbians is OK. Please consider
supporting such legislation in order to give prosecutors an additional tool
to prosecute these crimes. Please vote yes to change the atmosphere of fear
that many Idahoan's must live in because they happen to be gay.
