Michigan Votes Forum

Introduced in the House on April 28, 2009

The vote was 66 in favor, 43 opposed and 1 not voting

(House Roll Call 250 at House Journal 0)

Click here to view bill details.

 

Rep. Schuitmaker, having reserved the right to explain her protest against the passage of the bill,

“Mr. Speaker and members of the House:

I agree with the intent of this bill that we should not be a society that tolerates hate of any kind. This is a noble principle. But as I have stated in the past - the problem with these bills is it provides different victims with greater rights and for this reason it is unfair. A crime is a crime and our justice system should be fair. Why treat victims unfairly? My substitute will allow us to find that common ground.”

Clearly unconstitutional.  First: it creates different penalties for crimes against different groups.  This violates equal protection.  Second, it seems to require the ability to read minds.  I haven't heard of anyone leaving a note at a lynching or drive-by.  While bigotry is ignorant, it's not illegal.  It is the act, not the screwed-up thinking behind it.  We're speaking here about "thought crimes."  In the end, does it matter what the motivation for a crime was?