defense authorization act

Hate Crimes: Get Ready For Pointless Grandstanding

President Obama hasn't even signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act yet, but right-wing activists are already "challenging" it ... or at least their warped version of it.

Here is the Christian Anti-Defamation Commission vowing to defy the legislation:

"The fact the hate bill had to be passed in such an unscrupulous and cynical manner (attaching it to the Defense Authorization Act) reveals the depth of President Obama's commitment to a radical, anti-Christian agenda. He will stop at nothing to undermine the will of the majority of Americans to pay back militant homosexual activists who raised millions of dollars for his campaign and worked to get him elected."

"To sign the bill in the Rose Garden is another slap in the face and shows the level of contempt President Obama has for the majority of Americans who oppose the "homosexualization" of marriage and public education."

"The Christian Anti-Defamation Commission will soon be announcing its plans, along with other leading pro-family groups, to defy, counter and challenge this unconstitutional attack on our religious liberty."

And here is Gordon Klingenschmitt daring Obama to prosecute him:

In other words, A) pastors may quote the Bible publicly if their "intention" is the free exercise of religion or speech, but B) pastors may not quote the Bible publicly if their "intention" is to conspire with listeners to commit an act of violence. This begs the question, if the pastor never announces whether the unspoken "intention" of his heart is A or B, how can any prosecutor, judge, or jury know whether the pastor's secret thoughts intended A) free exercise or B) conspiracy? Without revealing the secret intention of my own heart, whether A or B, I hereby publicly quote both Romans 1:32 and Leviticus 20:13:

Romans 1:32 -- "Men with men working that which is unseemly...who knowing the judgment of God, that they which commit such things are worthy of death."

Leviticus 20:13 -- "If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them."

I further invite President Barack Obama, as the chief law enforcement official of America, to discern the secret thoughts and intentions of my heart, and to prosecute me for conspiracy or inciting the violent crimes of others who might read my words and act upon them, if he dares to think he knows or can prove my motives were not pursuant to the free exercise of religion or speech.

Of course, neither CADC or Klingenschmitt nor anybody else is going to be prosecuted for speaking out or "defying" this and they know it.  After all, the legislation expressly protects free speech and religious freedom:

(4) FREE EXPRESSION- Nothing in this division shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.

(5) FIRST AMENDMENT- Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.

(6) CONSTITUTIONAL PROTECTIONS- Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

But just because the legislation poses no threat to their religious freedom or right to free speech, amazingly that is not going to stop some on the Right from trying to use the legislation to turn paint themselves as martyrs.

Nobody Could Have Predicted

Last week, I wrote a post about an incoherent claim from Focus on the Family's Steve Jordahl in which he mashed together the infamous DHS report, the current hate crimes bill in the Senate, and an amendment added to the National Defense Authorization Act by Rep. Alcee Hastings that "would prohibit the recruitment, enlistment, or retention of individuals associated" with hate groups by the US military to claim that the "hate-crimes bill may target pro-life servicemen and women."

As I wrote in that post:

[E]ven though this claim is utterly incoherent and fundamentally nonsensical, I wouldn't be the least bit surprised to see it get picked up by others in the right-wing echo chamber and quickly establish itself as part of the narrative.

So imagine my complete lack of surprise when I saw this:

Opposition is surfacing to a move in Congress that could categorize pro-life organizations and their members as dangerous.

Wendy Wright of Concerned Women for America (CWA) has written a letter to Congress, urging defeat of the measure. "An amendment has been added to the Defense Authorization Bill that would prohibit the recruitment, enlistment, or retention of military personnel who are connected to groups associated with what the amendment calls 'hate-related violence,'" she explains.

Wright recalls the recent Homeland Security report on right-wing extremists, which inferred that people associated with single-issue groups are potentially problematic. In the 1990s, Wright says the Department of Justice initiated a politically driven investigation against pro-lifers and religious leaders based on them being pro-life.

CWA has even dashed off a letter [PDF] opposing this amendment and sent it to members of Congress:

On behalf of Concerned Women for America’s (CWA) 500,000 members nationwide, I am writing you today to respectfully raise concerns with an amendment offered by Representative Alcee Hastings to the National Defense Authorization Act of 2010 which would prohibit recruitment, enlistment or retention of military personnel connected to groups associated with “hate-related violence.” The language in this amendment is vague and unclear and raises constitutional questions.

...

The Hastings amendment on its face targets people “associated or affiliated with” certain groups. However, the Constitution gives individuals the right to associate and the Supreme Court has determined that the government cannot penalize an individual for “mere association” without proof that a person shares the illegal aims of the group. The Hastings amendment appears to prohibit recruitment, enlistment or retention of military personnel simply based on one’s affiliation with a particular group that the Attorney General disfavors.

CWA urges you to oppose this amendment in its present form and to clarify the language in this amendment on the House floor or during conference process to make it more consistent with current Department of Defense policies and the Constitution.

You can read Hastings' amendment here [PDF] and, if you do so, you'll see that it explicitly defines "hate groups" as those that advocate violence against others based on race, religion, or ethnicity, engage in criminal activity, or advocate armed revolution against the government or that are otherwise "determined by the Attorney General to be of a violent, extremist nature."

The language is in no way "vague and unclear" and contains no threat to constitutional rights to association - it simply, and logically, prohibits the military from recruiting those who are associated or affiliated with violent extremist groups. 

But that doesn't matter to the Right, which apparently thinks that it has found yet another non-issue over which it can raise and ruckus and try to set off a "controversy" for political gain. 

Look for this issue to start picking up steam in the days and weeks ahead. 

A Steaming Stew of Right Wing Paranoia

I have literally just spent the last two hours trying to make sense of this claim from Focus on the Family:

House Hate-Crimes Bill May Target Pro-Life Servicemen and Women

Senate Republicans have called a hearing Thursday to discuss proposed hate- crimes legislation. The contentious language would elevate some victims of violent crimes over others.

The U.S. House of Representatives has already passed a hate-crimes bill, and is trying to take the concept one step further.

Florida Congressman Alcee Hastings has added language that would ban the recruitment, enlistment or retention of military personnel affiliated with "hate groups." Just a month ago, the Department of Homeland Security issued a study listing pro-life advocates as potential national security threats.

Does this make any sense at all?  Focus is claiming that passage of hate crimes legislation will somehow prevent anti-choice individuals from joining the military by stirring together three completely separate issues into one steaming mass of nonsense.

First of all, hate crimes legislation has already passed in the House and contains no such language regarding military recruitment, nor does the version being debated in the Senate.  And considering that the legislation has already passed in the House, there is no way that Rep. Hastings could have "added language" to it.

Secondly, what Hastings has done is add an amendment to the National Defense Authorization Act for Fiscal Year 2010 that "would prohibit the recruitment, enlistment, or retention of individuals associated or affiliated with groups associated with hate-related violence against groups or persons or the United States government."  The language of the amendment can be found here [PDF] and defines "hate groups" as groups that advocate violence against others based on race, religion, or ethnicity, engage in criminal activity, or advocate armed revolution against the government.

Thirdly, these two things have nothing to do with one another and neither has anything to do with the recent Department of Homeland Security report.

Yet, somehow Focus on the Family's Steve Jordahl has managed to combine all three of these issues into one claim that hate crimes legislation would somehow lead to pro-life members of the military being targeted.

And even though this claim is utterly incoherent and fundamentally nonsensical, I wouldn't be the least bit surprised to see it get picked up by others in the right-wing echo chamber and quickly establish itself as part of the narrative.

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defense authorization act Posts Archive

Kyle Mantyla, Wednesday 10/28/2009, 10:10am
President Obama hasn't even signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act yet, but right-wing activists are already "challenging" it ... or at least their warped version of it. Here is the Christian Anti-Defamation Commission vowing to defy the legislation: "The fact the hate bill had to be passed in such an unscrupulous and cynical manner (attaching it to the Defense Authorization Act) reveals the depth of President Obama's commitment to a radical, anti-Christian agenda. He will stop at nothing to undermine the will of the majority of... MORE
Kyle Mantyla, Monday 06/29/2009, 2:00pm
Last week, I wrote a post about an incoherent claim from Focus on the Family's Steve Jordahl in which he mashed together the infamous DHS report, the current hate crimes bill in the Senate, and an amendment added to the National Defense Authorization Act by Rep. Alcee Hastings that "would prohibit the recruitment, enlistment, or retention of individuals associated" with hate groups by the US military to claim that the "hate-crimes bill may target pro-life servicemen and women."As I wrote in that post:[E]ven though this claim is utterly incoherent and... MORE
Kyle Mantyla, Thursday 06/25/2009, 12:35pm
I have literally just spent the last two hours trying to make sense of this claim from Focus on the Family:House Hate-Crimes Bill May Target Pro-Life Servicemen and WomenSenate Republicans have called a hearing Thursday to discuss proposed hate- crimes legislation. The contentious language would elevate some victims of violent crimes over others.The U.S. House of Representatives has already passed a hate-crimes bill, and is trying to take the concept one step further.Florida Congressman Alcee Hastings has added language that would ban the recruitment, enlistment or retention of military... MORE