Monday, February 25, 2019

Stopping the advance of the rot on a key front: the Indiana hate-crimes bill

Two recent items in two of my email accounts (and that's not all I have; when you're a freelancer, you have myriad types of online communication to stay on top of) make for an interesting juxtaposition.

In my general-purpose Yahoo account, this morning I got the latest e-newsletter from Robert Hall, leader of Indiana Conservative Alliance. It included this update on SB12:

It's been an amazing week with lots of ups and downs.  It started a week ago Friday when we heard about the committee hearing on Monday for SB12, the Hate Crimes Bill with a list of identity groups.  We scrambled and contacted the Rs on the committee.  On Monday morning, we had 11 from the Indiana Conservative Alliance testify in the Senate chamber.  The committee passed SB12 by a vote of 9-1.  We were down.
 
On Tuesday, the full Senate debated SB12 (2nd Reading) and it was amended 36-13 with a bold move by Sen Aaron Freeman.  He amended it by gutting the original SB12 and replacing with the addition of two words to the current Code.  The words "including bias" were added to the section about sentencing.  That is consistent with the Witmer court decision.  So SB12 does not change anything but can claim to use bias in sentencing.  Here is the key section:
 
“IC 35-38-1-7.1(c):  The criteria listed in subsections (a) and (b) do not limit matters, including bias, that the court may consider in determining the sentence.”
 
The more I learned about what happened Tuesday the more I realize how much of a win it was for our side.  Politically, it is also good for our side.  An awful bill was defeated.  It is something that we can claim victory for.  And doing so gives us more political clout with the R legislators.  It embarrassed the governor and could force him to sign it.  He was unhappy after Tuesday.  So we were upbeat.
 
Then on Thursday the Senate considered SB12 as amended (3rd Reading) and approved it 39-10.  Now it goes to the House.  More upbeat.
 
It also included Hall's testimony to the state Senate:

My name is Robert Hall.  I am leader of the Indiana Conservative Alliance, a group of 80 top conservative leaders in the state.  I am also a Republican precinct committeeman and a township board member.
 
SB12 is unnecessary and unconstitutional. 
 
Indiana Code amply covers civil and criminal offenses that may be committed against Hoosiers by means of physical action, rather than thoughts and words.
 
Hate crimes legislation violates the 14th Amendment to the U.S. Constitution by denying a person equal protection of the laws.  It treats thoughts and beliefs more harshly for some than for others. 
 
Hate crimes legislation violates Article 1 of the Indiana Constitution by restricting the right to speak, write, or print freely, on any subject whatsoever.  Furthermore, privileges and immunities, do not equally belong to all citizens.
 
With hate crimes laws the presumption of innocence is undermined from the outset when an accused person is different than the victim.
 
Indiana Code already gives the court wide latitude when imposing sentences, considering both aggravating and mitigating circumstances.
 
Furthermore, there is no evidence that hate crimes are not being adequately prosecuted and sentenced in Indiana already.
 
As a former management consultant familiar with the site selection process, these decisions are made on economics not on the existence of a hate crimes law.
 
Therefore, SB12 is unnecessary and unconstitutional.  Please vote NO.
 
Finally, as an elected Republican precinct committeeman, I am concerned that if this bill passes the conservative base will not vote for Governor Holcomb for reelection next year.  It could even hurt other Republican candidates.
Then in my radio-station email there was this press release from the Indiana Democratic Party:

INDIANAPOLIS – First-term Governor Eric Holcomb made passing a bias crimes initiative a pillar of his legislative agenda. In January, Holcomb carved out a serious position for himself in the hate crimes debate, claiming he would play an ‘uber’ role in lobbying the legislature. On Tuesday, members of his own party gutted a Senate proposal that included specific protections for gender identity and sexual orientation – language Holcomb backedDid Holcomb whisk Republicans off the Senate floor in an attempt to sway their vote? Indiana Democratic Party Chairman John Zody blasted Holcomb for looking outgunned and unable to influence the direction of the party he leads. 
“Leaders find a way to bridge the divide and get things done. Holcomb’s leadership on hate crimes looks more like a disappearing act,” said Zody. “When he was needed most, Holcomb either lacked the influence in his own Party to get this over the goal line or vanished. Either way, Holcomb looks like a lightweight, unable to get the job done. Indiana Democrats will continue to fight until every Hoosier is protected safely and equally under Indiana law." 
These divergent perspectives serve as a microcosm for the completely opposite way conservatives and leftists approach anything and everything. These Dems presume that the Governor has some kind of responsibility to drag an identity-politics bill over the finish line. He promised to "influence the direction of the party he leads"! 

And it sounds like he did indeed try way too hard to come off like a "good guy" who really swallowed that stuff about how not every Hoosier is presently "protected safely and equally under that law."

Per Hall's update, what really happened was that engaged citizens who are really and truly interested in equal protection focused on the relevant players - the legislators who needed to be on record as seeing that this bill opens the door wide to potential granting of special status to particular crime victims based on their demographic. Lady Justice's blindfold could begin slipping.

And Hall actually points out that the positive direction that action on this bill is taking will, if it continues, save Holcomb's political bacon.

Moral of the story: persuasively staying in touch with legislators can be an effective weapon in the war for our civilization's soul.

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