Why GOP Leader Opposes Hate Crimes Protections for Gays

Last week, House Republican Leader John Boehner objected to House passage of a bill that would expand hate crime laws and make it a federal crime to assault people on the basis of their sexual orientation.

"All violent crimes should be prosecuted vigorously, no matter what the circumstance," he said. "The Democrats' 'thought crimes' legislation, however, places a higher value on some lives than others. Republicans believe that all lives are created equal, and should be defended with equal vigilance."

Based on that statement, CBSNews.com contacted Boehner's office to find out if the minority leader opposes all hate crimes legislation. The law as it now stands offers protections based on race, color, religion and national origin.

In an email, Boehner spokesman Kevin Smith said Boehner "supports existing federal protections (based on race, religion, gender, etc) based on immutable characteristics."

It should be noted that the current law does not include gender, though the expanded legislation would cover gender as well as sexual orientation, gender identity and disability.

"He does not support adding sexual orientation to the list of protected classes," Smith continued.
Boehner's position, then, appears to be grounded in the notion that immutable characteristics should be protected under hate crimes laws. And while religion is an immutable characteristic, his office suggests, sexual orientation is not.

Northeastern University professor Jack Levin, who co-authored the first book written about hate crimes, told Hotsheet that "to use immutability as a criterion doesn't make any sense at all." "Especially if he supports the current stand," Levin continued. "Religion is clearly not ascribed. It's not built into the organism. People can change it at any time and people do."

"It sounds to me as though the criticism is focused on the addition of gays and lesbians to the list of protected categories at the federal level," he said. "That seems to be the problem."

Rep. Tom Price, who heads the GOP conservative caucus, also complained last week that the expansion of hate crimes legislation amounted to "thought crimes," and he labeled the bill's passage – tied to a defense bill – an "absolute disgrace."

But contacted about his position on hate crimes legislation overall, Price took a different position than Boehner. According to Price communications director Brendan Buck, the congressman opposes all hate crimes protections, including existing ones. "We believe all hate crimes legislation is unconstitutional and places one class of people above others," said Buck.