Would a proposed hate crimes bill violate the constitution?

Some Lexington County lawmakers think so.

They opposed a hate crimes bill the SC House passed 79-29. Rep. RJ May said he voted against the bill for 3 reasons:

• It would violate the 14th amendment by elevating the harm done to some victims and not others.

• Such laws unavoidably veer into policing private speech and thought.

• It could be misapplied and impact hiring practices in religions or social advocacy groups.

Rep. Cal Forrest said he voted against it because:

• It was so broadly written that virtually any crime against anyone could be considered a “hate” crime.

• I have never heard of anyone committing a violent crime against another because they loved them. Anyone that commits a violent crime against another human obviously has hate in their heart.

Rep. Chris Wooten voted for the bill and said, “It is important to understand that this bill does not criminalize anything that is not already a felony.

“It is simply a penalty enhancement for a felony found to be motivated by a person’s identity. This motivation must be proven beyond a reasonable doubt, and a jury decides, not a judge.

“There must be a separate indictment for this penalty enhancement. The jury must find that they would NOT have committed that crime but for that person’s identity.

“Identity includes race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability. It protects crimes committed against people of ALL races, BOTH genders, ALL sexual orientations, ALL religions, etc.

“This penalty enhancement will not replace the original charge. If they are charged with murder, they still can be convicted of murder, even if not motivated by identity.

“To be affected by this penalty, a person must be convicted of a violent felony. This is not going to criminalize acts against property or crimes committed by minors who may not know better. It is to protect against the most heinous criminals.

“It allows the people of South Carolina (as jury members) to decide when a hate crime has been committed.”

If passed by the Senate, the bill will allow prosecutors to seek 5 more years in prison and $10,000 more in fines.

Added penalties would be for hate crimes based on race, color, religion, gender, sexual orientation, national origin or physical or mental disability.

Federal officials also could charge offenders under federal hate crimes law.

The state Chamber of Commerce and other business and law enforcement leaders support the bill.

Some religious groups oppose the bill fearing it could erode religious liberty by forcing recognition of sexual orientation and gender identity in state law.