S.C. needs hate crimes law even if some don’t seem to understand why
Some South Carolina legislators and groups opposing a hate crimes law need to ask themselves about their motivation in not wanting specific penalties for crimes that target people because of perceived ancestry, disabilities, race, religion, or other identity factors.
Only Arkansas, South Carolina and Wyoming currently do not have state hate crimes laws. Attempts to add such a law here have failed in past sessions of the General Assembly but the effort this year has more traction in Columbia with an impressive list of business supporters.
This past week, sexual orientation was removed, then put back in. Of course, sexual orientation should be in the law, along with race, religion and other factors that motivate people to commit crimes.
People are free to feel as they will about homosexuality. If their fears and hatred somehow drive them to criminal action, how is that not a hate crime? In the General Assembly, as in society, there sometimes is a disconnect between one’s beliefs and taking criminal action based on those beliefs.
In other words, people inclined to hate only in their hearts are not violating a hate crimes law.
In Richland County, Latino and Hispanic residents were terrorized for weeks during a span of home invasions. Two men robbed 23 people, holding guns to residents’ heads. Sheriff Leon Lott told a House subcommittee that deputies determined the robbers specifically targeted the Hispanic community.
“I saw the fear,” Lott said. “I saw how scared they were.”
THREAT TO LIBERTY?
Without a state hate crimes law, additional charges were not possible for targeting an ethnic group.
“The fact that they went out and hunted our Hispanic community, we can’t hold them accountable for that,” Lott testified.
During the coronavirus pandemic, hate crimes on Asian-Americans have dramatically increased. Six of the eight victims of Georgia current case of domestic terrorism were Asian-Americans.
The situation described by the sheriff is a powerful argument for a state hate crimes law. It should not be difficult to overcome concerns expressed by a spokesman for the South Carolina Baptist Convention, that parts of the bill could “threaten religious liberty” might be used against preaching or reading parts of the Bible.
Certainly First Amendment rights should and can be protected in an effective hate crimes law. S.C. Sen. Greg Hembree of Little River had that protection in mind in the bill he is sponsoring, one of several hate crimes bills in the legislature.
Hembree, the solicitor (prosecutor) for Georgetown and Horry counties for many years before becoming a senator, said he modeled his version on the federal state crimes law, “so it passes constitutional muster.”
SEND A MESSAGE
An effective state crimes law could be used by law enforcement agencies in combating domestic terrorists. The Jan. 6 assault on the U.S. Capitol and subsequent arrests have highlighted the fact that domestic terrorists have become more of a threat. Domestic terrorism is not a big concern in South Carolina, but it should at least be on the radar of legislators.
An impressive number of business organizations support a hate crimes law, including the S.C. Chamber of Commerce and corporations such as AT&T, American Airlines, IBM, Michelin, Toyota, Wells Fargo.
“The time has come to pass a hate crime bill … , “ former Chamber President and CEO Ted Pitts said.
Business supporters point out that becoming the 48th state to adopt a hate crimes law sends a message about values to prospective businesses and employees.
It’s a message, frankly, that South Carolina is behind the curve in sending to white supremacy type groups and violent individuals. Legislators should listen to proponents and send to the governor a strong hate crimes law.