In the name of civil rights, Rep. Alvin Holmes, D-Montgomery, seeks to initiate additional penalties for a crime motivated by a victim’s sexual orientation, but some are concerned about what this type of law could really mean.
“This bill (House Bill 533) gives preferential treatment to homosexuals and seeks to determine the motives behind criminal actions,” said Joe Godfrey, executive director of Alabama Citizens Action Program. “A crime should be punished based on the action itself and not on why a person did what he or she did.”
But Holmes said his bill is necessary to protect homosexuals from discrimination and harm.
Basically HB 533 amends the existing state law on hate crimes to include sexual orientation — defined in the amending legislation as “heterosexuality, homosexuality or bisexuality.” Currently the law deals with race, color, religion, national origin, ethnicity and physical or mental disability.
“We need [to add this] because of the reason we needed [the original law] — because of discrimination,” Holmes said. “The state of Alabama has a long history of discriminating against blacks … Jews … people because of their national origin … and … sexual orientation. Some have killed people because they are gay.
“If people are mistreated … you have to stand for their rights.
“A hate crime is when you hate a group of people,” he said. “You have people in Alabama and other states, too, who hate all blacks, all Jews, all gay people.”
But Birmingham attorney Eric Johnston said adding sexual orientation to the hate crimes law could lead to fear and governmental control of what a pastor may teach or preach from the pulpit.
“It is wrong to discriminate; it always has been,” he said. “But this bill goes beyond hate crimes and adds a penalty because of a feeling or opinion a person holds.
“If a preacher preaches against homosexuality and then someone commits a crime against a homosexual because of what he or she heard in the sermon, the preacher could be indicted. It has happened elsewhere and it will happen (here),” Johnston said, noting situations in other countries.
But Holmes said that is not the case.
“It has nothing to do with preachers [and their sermons],” he said. “My bill pertains to a person who commits a criminal act. (But) if a minister goes and throws a fire bomb in someone’s house, then it would pertain to him.”
HB 533 passed the House April 23 and, at press time, awaited action by the Senate Judiciary Committee. (TAB)
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