Senator Gordon Smith: Case for Hate Crime Law

From Senator Gordon Smith Press Release 11-20-2007:

Crime Data Demonstrates Need for Expanded Hate Crime Law

– Washington, D.C. – Crime data released recently by the FBI shows hate crimes continue to be a problem nationally and in Oregon, further reason for Congress to approve the Matthew Shepard Hate Crimes bill. The percentage of hate crimes motivated by sexual orientation rose to nearly sixteen percent across the country. One hundred and forty-one hate crimes were reported in Oregon. Twenty-five were crimes motivated by the victims’ sexual orientation.

“This is a problem that is not going away,” Smith said. “It is appalling that hate crimes continue to rise in a nation built on tolerance. We cannot be complacent in punishing these savage acts,” Smith said. “Congress needs to approve Matthew’s bill so there is protection in the law for every American in every community.”

Earlier this year, the Senate and the House approved The Matthew Shepard Hate Crimes Prevention Act as a provision in legislation that outlines spending for the Department of Defense. The U.S. House is set to vote on a reconciled version of this bill.

The FBI’s 2006 Hate Crime Statistics are available on at:

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  • Alan

    I am surprised that Congress has produced no budget, and may actually finish the year without one, despite being in the middle of a heated war and housing crisis. And then this hate crimes legislation pops up. This is bad timing. First thinsg first.

  • Steve Plunk

    Treating crimes differently based upon the motivation of the criminal makes no sense. All crimes should be punished the same regardless of what the person is thinking. This is simply a waste of time and resources aimed to please a small segment of voters. Rethink this one Sen. Smith and stop adding layers of law on top of the layers already there.

    • Douglas Hooper

      Dear Mr. Sizemore

      I just finished reading your article in News With Views, and agree
      100% with what you said. However, I was shocked to see the Senator
      is a Mormon. He is not only going against the very fundamental
      truths espoused by our founding fathers but he is in, what I consider, a
      complete and total repudiation of the teachings of the Church of Jesus
      Christ of Latter-Day Saints.

      In the Book of Mormon, Alma, Chapter 11 verses 7 – 11, the very
      process for punishment of crime is clearly addressed. This is considered
      sacred scripture for members of the church, and as such, I am surprised
      and appalled at either the senators apparent ignorance, or his professed
      arrogance, in proposing laws that are in total contravention of our countries
      historical intent as well as the scriptural teachings of the church to which he

      To wit: Alma, Chapter 30, Verses 7 – 11

      7 Now there was no law against a man’s belief;
      for it was strictly contrary to the commands of God
      that there should be a law which should bring men
      on to unequal grounds.

      8 For thus saith the scripture; Choose ye this day,
      whom ye will serve.

      9 Now if a man desired to serve God, it was his
      privilege; or rather, if he believed in God it was his
      privilege to serve him; but if he did not believe in him
      there was no law to punish him.

      10 But if he murdered he was punished unto death;
      and if he robbed he was also punished; and if he stole
      he was also punished; and if he committed adultery he
      was also punished; yea, for all this wickedness they
      were punished.

      11 For there was a law that men should be judged
      according to their crimes. Nevertheless, there was
      no law against a man’s belief; therefore, a man was
      punished only for the crimes when he had done; there-
      fore all men were on equal grounds.

      As you can see, his religious teachings certainly are not in
      conformance with his performance as a senator.

      Douglas Hooper
      Anchorage, Alaska


      By Cindy Sizemore

      November 28, 2007

      Oregon’s junior U.S. Senator, Gordon Smith, is pressing hard for adoption of federal hate crimes legislation. Among other things, Smith’s bill would increase criminal penalties for a crime when it is determined that the person committing the crime was thinking bad thoughts about the sexual orientation of the person he or she harmed.

      As we shall see in a moment, Smith’s bill would make Thomas Jefferson roll over in his grave.

      Following is a press release recently issued by Senator Smith’s office regarding the legislation he and Massachusetts Senator Ted Kennedy are at this moment jointly pushing through the United States Congress:

      Smith calls for expanded hate crime law

      November 20, 2007

      PRESS RELEASE: November 20, 2007
      CONTACT: LINDSAY JACKSON, (202) 224-3753

      Crime Data Demonstrates Need for Expanded Hate Crime Law

      – Washington, D.C. – Crime data released recently by the FBI shows hate crimes continue to be a problem nationally and in Oregon, further reason for Congress to approve the Matthew Shepard Hate Crimes bill. The percentage of hate crimes motivated by sexual orientation rose to nearly sixteen percent across the country. One hundred and forty-one hate crimes were reported in Oregon. Twenty-five were crimes motivated by the victims’ sexual orientation.

      “This is a problem that is not going away,” Smith said. “It is appalling that hate crimes continue to rise in a nation built on tolerance. We cannot be complacent in punishing these savage acts,” Smith said. “Congress needs to approve Matthew’s bill so there is protection in the law for every American in every community.”

      Earlier this year, the Senate and the House approved The Matthew Shepard Hate Crimes Prevention Act as a provision in legislation that outlines spending for the Department of Defense. The U.S. House is set to vote on a reconciled version of this bill.

      The FBI’s 2006 Hate Crime Statistics are available here:

      Of all the things Gordon Smith has done that fly in the face of the conservative philosophy he sometimes espouses (especially when in front of selected audiences), none is as abhorrent as his sponsorship of federal hate crimes legislation. Although Senator Smith has expressed support for maintaining the separation between church and state, I wonder if he has even read Thomas Jefferson’s famous Danbury Baptist letter. That letter is the source of Jefferson’s “separation of church and state” doctrine, a doctrine that has been enthusiastically opined into law by activist federal judges over the last half century or so.

      Jefferson prefaced his famous quotation about the wall of separation with three sound reasons for wanting to maintain that separation. One of his reasons was his belief that legislation should only reach as far as a man’s actions and not to his thoughts.

      Here are Jefferson’s exact words to the Danbury Baptists: “Believing with you that religion is a matter that lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between church and state. (emphasis added)

      While Americans will continue to debate whether Jefferson’s wall was meant to keep government out of religion or religion out of government, and whether the wall was meant to keep prayer and Bibles out of schools (something Jefferson clearly never advocated) or to keep manger scenes out of town squares, the three reasons Jefferson offered for his wall are probably worthy of universal acceptation.

      First, a man’s religion is between him and God. Second, he does not have to answer for his religious beliefs to anyone else, and finally, the legislative power of government must be limited to a man’s actions, not reaching as far as his opinions. This final reason is so fundamental to Americanism that Smith’s violation of its principle is inexcusable.

      Perhaps Gordon Smith is merely trying to win reelection in Oregon, a moderate to liberal state with an organized and militant gay rights movement. Perhaps persecution of gays bothers Senator Smith more than most because he is a Mormon and Mormons themselves suffered major persecution in the early decades of their existence. Perhaps Gordon Smith simply disagrees with Jefferson and thinks government should punish us for what we think. Perhaps Smith really believes that an American should be punished more severely for assaulting a gay man than for assaulting a little old lady.

      Regardless of his motivation for sponsoring it, Gordon’s Smith’s hate crimes legislation is about as un-American as any bill I have seen work its way through Congress. You might even say that Smith’s hate crimes bill is a kind of hate crime itself, a crime against the God-given freedom to think and believe as you wish. Yes, even the freedom to hate. After all, whom or what you hate and whom or what you love is between you and God. It is not Smith’s business and certainly not the business of the federal government.

      If a man hits you with a club because you are gay or because he wants your money, it makes no difference. The crime is that he assaulted you, not that he hated you. The damage the club did is the business of government, not the opinions of the one who struck you. Assault is already a crime. There is absolutely no reason to make the victim’s sexual orientation an issue.

      Consider the absurdity of Senator Smith’s stated reason for this legislation. He said in the above press release: “Congress needs to approve Matthew’s bill so there is protection in the law for every American in every community.” What is the senator saying? Is there some place in this country where it is legal to do what was done to Mathew Shepard? Of course not.

      Without going into the much debated details of the Shepard case, assault is a crime in every state. Interjecting the opinions and motivations of the attackers into the Shepard case or any other involving a gay or lesbian adds no further protections to gays, except to make assaulting a homosexual more heinous under the law than assaulting a straight person. Certainly there is no rational basis for doing that unless your goal is not equal rights for gays, but special rights.

      Finally, Oregonians represented by Gordon Smith ought to know that their senator has been so enthusiastic in pushing hate crimes legislation in the United States Senate that several gay rights groups in Washington D.C. have endorsed him for reelection. Smith has become to the national gay rights movement what another senator from Oregon was to the national abortion rights movement a couple of decades ago. He is a champion for their cause.

      The more I have pondered this matter, the more troubled I have become by Smith’s actions. A person who does not understand the fundamental truth that someone’s thoughts and beliefs are none of the government’s business ought not to be in a position of authority in this nation. The magnitude of this error in judgment is sufficient to earn Senator Smith the utter disdain of any right thinking conservative or libertarian.

      This is not one of those things on which conservatives may disagree. This is a betrayal of one of the foundational pillars of Americanism.

      © 2007 Bill Sizemore – All Rights Reserved

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      Bill Sizemore is a registered Independent who works as executive director of the Oregon Taxpayers Union, a statewide taxpayer organization. Bill was the Republican candidate for governor in 1998. He and his wife Cindy have four children.

      Bill Sizemore is considered one of the foremost experts on the initiative process in the nation, having placed dozens of measures on the statewide ballot. Bill was raised in the logging communities of the Olympic Peninsula of Washington state, and moved to Portland in 1972. He is a graduate of Portland Bible College, where he taught for two years. A regular contributing writer to

      E-Mail: [email protected]

      Bill’s Web site:

  • Smith

    Gordon Smith is a RINO. Period.

  • Gienie

    How many people serving in Congress do you agree with 100%? How many people do you agree with 100% outside of congress?

    I know I don’t even agree with my husband 100% of the time… but that doesn’t mean I shouldn’t support him.

    As voters we have an obligation to provide feedback to our representatives. This feedback should be constructive however, even if we dissagree with the votes that have or will be taking place.

    I’m dissapointed with the division in our party, particularly with all the finger pointing. Until you yourselves are spotless and can be found with out any blemish… you shouldn’t be throwing stones!

  • Anonymous

    I have news for you Mr Smith. This is not a nation of tolerance unless you are a liberal tolerating a liberal. Otherwise it is not a nation of tolerance.

  • Jack Roberts

    I applaud Senator Smith’s stand on this issue and believe that critics both misunderstand and misrepresent what the law currently is.

    It is simply not true that crimes consist only of conduct and not motive. If you threaten a person to keep them from testifying in court, the penalty is generally stiffer than if you threaten them because they took your parking place.

    Hitting a person in a bar room brawl is generally not charged the same as hitting a person in order to steal his wallet.

    By the same token, spray-painting obscene words on the side of someone’s building is a crime, but it is not the same as spray-painting a swastika on the door of a synagogue or the N-word on the house of an African-American family.

    Most crimes attack a particular victim and perpetrators should be punished severely. But hate crimes also threaten and intimidate other members of the group that is being singled out. As the numbers of victims and the level of the threat is greater, so the penalty inflicted should be enhanced. That is the actual theory behind hate crimes laws, despite the politically correct rhetoric that so often accompanies them.

    I tis not true that a crime becomes a hate crime simply because of the race, gender, ethnicity, religion or sexual orientation of the victim. It becomes a hate crime when it is motivated by hatred or animous toward the victim because of that person’s race, gender, ethnicity, religion or sexual orientation.

    Hate crimes do not punish people for their thoughts but for their actions. The severity of the crime is increased, however, because of the nature and extent of of the crime, which is fully consistent with our jurisprudence. Senator Smith is absolutely correct on this and I applaud him for his stand.

    • Steve Plunk

      A well reasoned response but one that will not convince me of the need for such legislation. Like many have said we should provide feedback while still providing support. I will vote for Sen. Smith like many others but I cannot avoid challenging what I consider misguided.

      The examples used by Mr. Roberts do make a compelling case but we must also remember those aggravating factors are included during sentencing of the crime itself. Both judges and juries, whoever decides sentencing, can listen to arguments, both aggravating and mitigating, to determine the proper sentence. Legislating is the wrong way to administer the justice many are seeking here. It is more likely the legislation will void the ability of judges and juries from properly administer appropriate justice. The law of unintended consequences is licking it’s chops waiting to pounce.

      I expect this will force prosecutors to make judgements best left to judges and juries for they will be ones making decisions on what may or may not have been in the minds of the perpetrator. Any crime meeting the stereotype of what a hate crime is will likely be treated as one regardless of the true facts. The jury will have no say in motivation only the prosecutor. That’s not justice.

  • Anon

    I am proud of Senator Smith on this. I am a conservative christian and I don’t see the problem with this.

    Do I agree with the gay lifestyle? NO.

    Do I think they are targeted for violence spcifically because of their choice of lifestye? YES.

    Is that right? NO

    We protect many a class of people from injustice. I guess my heart is big enough to love these folks even if I do not love what they do.

  • Mike Clark

    I will be voting for Senator Smith and I value the wisdom of Jack Roberts. But, I am troubled by hate crime legislation as an answer and response to this very real problem that does great harm to our neighbors and friends.

    Jefferson’s response letter to the Danbury Baptists (quoted by Mr. Sizemore) is actually misquoted. I believe the correct quote is “…that the LEGITIMATE (not legislative) powers of government reach actions only, and not opinions”. I believe Jefferson was expressing here his strong and often quoted belief in the right of conscience. I think he was saying that a government that acts against a persons beliefs (no matter how wrong headed and dangerous) is illegitimate. I think the right to one’s beliefs and opinions (no matter how wrong others find them) are the basis and underpinnings of much of our first amendment to the constitution.

    I have heard Sen. Smith speak eloquently at Dorchester about the value of a society that respects the primacy of the individual. I agree with him. Surely the individual right of conscience is an integral part of this.

    I applaud the Senator for trying to lead on this issue. And I don’t pretend to know the answer that we must find to how to end crimes motivated by hate and racism. But, I know hate crime legislation that persecutes one on the basis of beliefs doesn’t seem right to me.

    • dean


      The proposed law does nothing to persecute anyone based on their belief unless that belief (gays deserve to be bashed for being gay) is acted upon physically. Right-wingers can continue to hate to their hearts content, law or no law.

  • T&T


    By Rev. Ted Pike

    The Conference-approved version of the National Defense Appropriations Bill, H.R. 1585, with hate bill attached, could be passed by the U.S. House and Senate when Congress reconvenes on Monday. There is an increasing chance the President, desperate for military funding, may approve these two incongruous bills. However, if rejected by increasingly dissatisfied Democrats and Republicans in Congress, it would guarantee that Sen. Kennedy’s hate crimes bill would have to be voted on again. The hate bill could be defeated.

    If a new arms bill were created, Democratic leaders would probably include the hate bill in the arms bill, not as an amendment but as part of its language. Since this would constitute new legislation, it would be subject to amendment from Republicans who oppose it. They could demand the hate bill be stripped from the new arms bill. If removed, the hate bill would have to be resubmitted, either as an amendment to another bill or as stand-alone legislation.

    There is mounting opposition in Congress to voting more money for war in Iraq. Allegedly, as many as 20 House Democrats and 180 Republicans vow not to vote for the arms bill, for widely divergent reasons. (See, We Can Still Kill the Hate Bill) Also, the Senate recently repulsed Pres. Bush’s request for $50 billion in extra military aid. Influential Democrats say they will not even consider another request for arms bill passage before the first of the year. Yet, we would be unwise to wait that long before pressuring members of Congress to vote against H.R. 1585. Here’s why:

    The Zionist/ADL lobby dominating Congress wants the hate bill desperately — so they can outlaw, as anti-semitism, criticism of Israel and Zionist control. Their hate bill, approved by both House and Senate, is designed to ultimately empower such censorship. They don’t want to take any chances of losing their hard-won congressional victories.

    There may exist a rebellion among some Democrats against passage of H.R. 1585, but the Zionist masters of Congress could squelch it-because it jeopardizes their hate bill. Instead, they may continue their same devious agenda. Through the Democratic leadership which Zionists control, they have for the past four months delayed passage of the vitally needed war funding, provided by H.R. 1585. The purpose of this delay is to wear out the President’s patience and force him to go back on his promise to veto the hate bill. Democrats now threaten months of future delays for war funding. But now they may feel the brief session of Congress next week is a perfect time to call for a House and Senate vote on the final conference version of H.R. 1585. Pres. Bush, wearied over the prospect of months of emerging contention over the arms/hate bill, may just capitulate.

    It is a relatively small concession for the Democrats to give Bush all the money he needs for Iraq. After 9/11, they voted war funding that launched us into war in the Middle East. They made no real protest last summer to the possibility of more funding for war with Iran. In reality, Democrats may posture as anti-war, but they are really nothing more than lackeys of Zionist Jews who control and fund the Democratic Party. Such Jews emphatically want America in the Middle East, making the region safe for Israel.

    The powers that be know that war in the Middle East will go forward very nicely, even with Democrats (including Jews in Congress) militantly opposing it. Far from being motivated by conscience, the main purpose of liberal chameleons in opposing the war is to create dissatisfaction with Republican leadership; dissatisfaction that could propel a Democrat into the White House.

    Be prepared then for the possibility of a vote by House and Senate on the arms/hate bill next week. Call your House and Senate members NOW, both liberal and conservative, saying: Please don’t vote for the National Defense Appropriations Act, H.R. 1585. Don’t vote for any hate crimes legislation.

    Also call the President at 202-456-1111 or 202-456-1414 saying: Please veto the federal hate crimes bill H.R. 1585.

    In war, those who survive do not wait for attack but take action to prevent it!


    Rev. Ted Pike is director of the National Prayer Network, a Christian/conservative watchdog organization.

    Let the Anti-Defamation League of B’nai B’rith teach you how they have saddled 45 states with hate laws capable of persecuting Christians:

    Learn how ADL took away free speech in Canada and wants to steal it now in the U.S. Congress. Watch Rev. Ted Pike’s Hate Laws: Making Criminals of Christians at Purchase this gripping documentary to show at church. Order online at for $24.90, DVD or VHS, by calling 503-853-3688, or at the address below.

    TALK SHOW HOSTS: Interview Rev. Ted Pike on this subject. Call (503) 631-3808.

    NATIONAL PRAYER NETWORK, P.O. Box 828, Clackamas, OR 97015

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