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West Virginia Leads Way Out of ‘Hate Crime’ Thicket     3/6/2002

West Virginia Leads Way Out of ‘Hate Crime’ Thicket
Vets and Troopers Sound Off; Pro-Homosexual Bill Defeated
By Robert Knight

West Virginia legislators rejected a bill to add “sexual orientation” to the state’s current “hate crimes” law, and groups representing veterans and state troopers are supporting full repeal of the existing “hate crimes” law.

On February 27, the House Judiciary Committee by a 14 to 10 vote approved a motion to “postpone indefinitely” consideration of House Bill 4464, which would have added “sexual orientation” and “the disabled” to the state’s hate crimes law.

Opposition seems to be growing to the hate crimes concept in West Virginia. In 2001, a similar bill was not put on the agenda, and a bill in 2000 was scuttled after an 11-11 committee vote.

Kevin McCoy, director of the West Virginia Family Foundation, secured letters from several major groups opposing hate crimes laws.

On February 14, William F. Johnson, department adjutant of the American Legion Department of West Virginia Inc., wrote to legislators, saying, “I strongly oppose the inclusion of ‘sexual orientation’ to any legislation in any form…. Hate crimes legislation is very unjust and elevates certain groups while diminishing others — punishing identical crimes with different levels of severity because of who the victim is or what the perpetrator believes. It is wrong for any citizen of society to have more or less protection from crime than any other citizen. Whether religious or atheist, homosexual or heterosexual, black or white, rich or poor, those who are victims of crime deserve equal protection under the law.”

Johnson also said that hate crime laws violate the Constitution’s 14th Amendment guarantee of equal protection under the law. “I support full repeal of West Virginia’s Hate Crime Statute,” Johnson concluded.

Likewise, Norf F. Nelson of the State of West Virginia Veterans of Foreign Wars of the U.S. wrote on February 19 that he opposed adding “sexual orientation” to existing law, and “I support full repeal of the West Virginia Hate Crime Statute.”

On Wednesday, David O. Moye, executive director of the West Virginia Troopers Association Inc. wrote to Kevin McCoy, who had asked him about the association’s letter in 2001 that appeared to support hate crimes laws. Moye wrote, “We released a letter stating that we supported the [hate crimes] amendment, but only because it appeared that the amendment would provide for equal treatment of all persons. Sadly, our letter was taken out of context…. The Troopers Association supports full repeal of the Hate Crimes legislation in order to promote fairness and equality among all citizens.”

The West Virginia Veterans Council earlier had written a letter also calling for full repeal of the state hate crimes law, as did Concerned Women for America President Sandy Rios.

State Director Alice Click of Concerned Women for America of West Virginia said she was elated that the Legislature had decided against adding “sexual orientation” to the hate crimes law. However, she said several cities were still in the process of adding that wording.

On February 2, Charleston’s City Council enacted a hate crimes ordinance with “sexual orientation” by a 23-3 vote. An exchange prior to the vote and recorded bv The Charleston Gazette was revealing. Baptist Pastor Randy Wilson said that homosexuality “is a sin in the Book of God, and I come tonight to stand against its protection in any way I can…. At worst [this ordinance] will just prevent decent, God-fearing people from trying to save the sodomites from their sin.”

In response, ordinance supporter David Stewart said, “That says enough there that we need a bill that provides protections.” The audience, composed mostly of pro-gay supporters, applauded, according to the Gazette.

“Mr. Stewart’s remarks show the real agenda,” said CWA’s Alice Click. “Proponents say hate crimes laws are aimed only at stopping violent crime, but he said the law is needed because of what a pastor said about homosexuality. Can it be any more clearer that the aim is eventually to silence those who oppose homosexuality?”

Del. John Overington (R-Berkeley County) has introduced a bill to repeal the hate crimes law fully, but observers do not give it much of a chance of passage this year.

“I wanted to call attention to the fact that there’s a growing momentum out there that all people should be treated equally,” Overington told the Beckley Register-Herald.

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