But they are. While you're not wrong that intent is considered in charging and sentencing all the time, we're not talking about the difference between manslaughter and murder, we're talking about the difference between murder and murder with a "hate crime" enhancement.
It's not illegal to hate a group of people. It's not illegal to say the most horrid things about that group of people. It's not illegal to preach that you want that group of people eradicated from existence.
In fact, not only is it not illegal it's protected under the law. If the government were to punish you for saying any of these things it would be illegal suppression of free speech and 1st Amendment violations by the government are considered one of the worst trespasses it can commit.
All "hate crimes" are is an attempt to effectively criminalize something that they can't under the Constitution, and their very existence has a chilling effect on free speech. The government may not be able to punish you for saying you hate blacks/Jews/etc. but if you ever commit a crime against one, even if it's unrelated to your feelings towards that group, they have an extra punishment waiting for you.
It's frankly surreal that the government can say: "because you harbor beliefs that I am absolutely prohibited from punishing you for having- you get a harsher sentence" you can't logically combine an illegal act with a (specially protected) legal one and make it "mOR iLLeGaLEr".
Good judgement, now just remove the whole category of hate crime when standard laws should be enough for targeted assault and harassment.
This - is it a crime? Yes? Then why does the parituclar motivation matter? No? Then fuck off, opinions can't be illegal.
Hate crime is nothing more than a vehicle for thought crime.
But they are. While you're not wrong that intent is considered in charging and sentencing all the time, we're not talking about the difference between manslaughter and murder, we're talking about the difference between murder and murder with a "hate crime" enhancement.
It's not illegal to hate a group of people. It's not illegal to say the most horrid things about that group of people. It's not illegal to preach that you want that group of people eradicated from existence.
In fact, not only is it not illegal it's protected under the law. If the government were to punish you for saying any of these things it would be illegal suppression of free speech and 1st Amendment violations by the government are considered one of the worst trespasses it can commit.
All "hate crimes" are is an attempt to effectively criminalize something that they can't under the Constitution, and their very existence has a chilling effect on free speech. The government may not be able to punish you for saying you hate blacks/Jews/etc. but if you ever commit a crime against one, even if it's unrelated to your feelings towards that group, they have an extra punishment waiting for you.
It's frankly surreal that the government can say: "because you harbor beliefs that I am absolutely prohibited from punishing you for having- you get a harsher sentence" you can't logically combine an illegal act with a (specially protected) legal one and make it "mOR iLLeGaLEr".