Gay-bashing graffiti might be motivated by hate, but it’s not a hate crime in Michigan

LANSING — As word has spread about anti-gay slurs spray painted in Lansing’s trendy Old Town district, many are asking, “Why was Dustin Corey Green not charged with a hate crime in connection with this vandalism?”

Green, 18, was arrested early Wednesday morning and charged with three misdemeanors: minor in possession of alcohol, malicious destruction of property to a business and weapons violations for carrying a knife with a blade over 3 inches in length. The charges all stem from what police say was his and an accomplice’s spree of bright orange spray paint and hate messages like “kill gays.” Police have said they are seeking a second person in connection with the vandalism.

On the Lansing State Journal Web site, MichiMike wrote, “Wonder why Dustin Corey Green isn’t being charged with a hate crime as well?”

The answer is: lack of political will, according to Sean Kosofsky, director of policy for Triangle Foundation, a Detroit-based anti-violence group that monitors and reports on crimes against the lesbian, bisexual, gay and transgender community.

Kosofsky said the history of hate crimes legislation is one of leaving sexual orientation out. When the Ethnic Intimidation act was introduced in 1987, it included crimes against people based on their real or perceived sexual orientation. But when the bill passed the last day of session in 1988, the bill’s name was changed from Hate Crimes Act to the Ethnic Intimidation Act, and sexual orientation was stripped away.

Continued -And that is the way the law sat, until then Gov. John Engler appointed a task force on responding to bias crimes in Michigan. That was in 1996. The report issued by the group concluded among other things that the state should change the name of the Ethnic Intimidation Act to the Hate Crimes Act, and it should be amended to include crimes against people based on sexual orientation. Then Democratic state Rep. Lynne Martinez of Lansing promptly introduced a bill to amend the 1988 act as recommended by the governor’s own task force.

The bill languished in the House until the waning days of the session in 1998 — 10 years after the first bill was passed into law. It was passed by the House and sent to the state Senate, but with the session focused on energy deregulation, and no time for a committee hearing, it looked as if it were going to die the death of many bills in the Michigan Legislature, the death of apathy.

Instead, in a move Kosofsky called “brave,” then state Sen. Gary Peters, a Democrat, agreed to make a discharge motion. Such a motion would move the bill directly to the Senate floor, where Kosofsky said there was enough support to pass it. There were also enough votes to pass the discharge motion, the gay rights advocate said, but Dan DeGrow, the Republican floor leader, got into caucus and twisted arms — the motion failed and only one Republican stood in support of the discharge motion, Sen. Lauren Bennett, who would go on to run as lieutenant governor  on the Republican ticket with Dick Posthumus at the top for governor.

Since then bills have been introduced in every session, and in every session the bills have died the death of apathy.

So while everyone certainly can see the hate and ignorance behind the spray paintings Green allegedly perpetrated in Old Town, no one can charge him with a hate crime.