Hate crimes are wrong. And, they are already illegal. As such, the redundancy of hate crime legislation is that it re-criminalizes conduct already criminal.
Hate crime legislation creates the inference that killing someone over a parking dispute is somehow less horrific, and apparently, less hateful than committing murder because of bias. The idea that certain sub-groups deserve more protection than others. This results in a hierarchy of both victims and bad guys based on the victim's perceived status and the perpetrator's perceived motivation resulting in a debate over who's being more victimized...just what we need.
Advocates of hate crime legislation argue that these sub-groups deserve special protections because the crimes committed against them also impact the special sub-group community to which they belong, and that we, as the majority, need to send a signal that the well being of the special subgroup is important. As such, it's more symbolic political expression than legitimate law enforcement tool. The potential result is an ever expanding definition of special sub-groups all vying for special, greater protections under the law.
As a former prosecutor, I understand the importance of establishing motive. However, hate crime legislation seeks to punish thought. The law basically adds penalties for what the perpetrator was thinking when the crime was committed. This is not to be confused with intent - which is what the accused did and under what circumstances. The difference between a knowing premeditated murder and sudden heat, for example. Intent is not an opinion or belief. And more importantly, intent is not protected by the Constitution.
Violent criminals, upon conviction, should be severely dealt with. Anyone capable of attacking and hurting innocent people is motivated per se by evil thoughts. Handicapping the penalties based on exactly what kind of evil thought is unnecessary and divisive. It is, of course, wrong to harbor prejudice, but when the government ranks one evil thought over another we are entering the land of Orwell.
