House lawmakers weighing changes to bias crime laws

Updated, May 13, 12:05 p.m.

LANSING — The House Judiciary Committee will consider a two-bill legislative package to expand and strengthen the state’s bias crimes laws on Wednesday morning.

Introduced late last month, the legislation, HB 4835 and HB 4836, would add sentencing guidelines for violations of the state’s bias crimes act. That bill would make it illegal to target a person because of their real or perceived involvement in any of a variety of protected classes, such as sexual orientation, gender identity, disability, veteran’s status, race or religion.

Similar legislation passed the state House last session on an 81-18 vote, but died in the Senate.

State Rep. Robert Jones, a Kalamazoo Democrat, said he introduced the legislation because for him, it was the right thing to do.

“Basically I have a history of being involved in civil rights,” the lawmaker said. “As an African American raised in the segregated South I know the history not only in our country but from time to time the world where hate crimes do exist.”

Jones said he was sensitive to the issues of bias and violence, particularly intimidation, and believes the passage of the legislation will send a strong message to Michigan residents that crimes motivated by animus towards a person’s group will not be tolerated by society.

But Gary Glenn, president of the American Family Association of Michigan, is opposed to the adoption of the laws, contending they will infringe on the freedom of religion.

In an AFA action alert sent to tens of thousands of supporters in Michigan, Glenn said:

HB 4836 poses a serious threat to religious free speech rights, citing the use of such “hate crime” laws in Europe, Canada, and the U.S. to prosecute Christians merely for speaking out against homosexual activists’ political agenda.

And in form emails sent from AFA on behalf of voters, the association claims:

“Hate crime” legislation has also proven in other countries and states to be a severe threat to religious free speech rights. In Sweden, a pastor was jailed for preaching a sermon in which he called homosexual behavior a sin. In Canada, a Catholic bishop was brought up on charges for writing in his church newsletter that marriage should remain between a man and a woman. In Philadelphia, eleven Christians were arrested for reading Bible verses out loud on a public street during a “gay pride” festival.

“That’s absolutely not true,” said Jones. “I am used to lies so it doesn’t make any difference.”

Jay Kaplan, staff attorney for the American Civil Liberties Union of Michigan’s Lesbian, Gay, Bisexual and Transgender Rights Project, also downplayed the AFA concerns about infringement on religious expression or freedom of speech.

“We believe this legislation passes constitutional muster. We would not be on a record supporting this if we did not believe that,” Kaplan said. “The ACLU is a watch dog for First Amendment issues. And I think it has a lot more credibility and authority on whether someone’s rights would be violated, than the AFA.”

State Rep. Rick Jones, a Republican from Grand Ledge who sits on the Judiciary Committee, said he is not sure where he stands on the issue.

“Just as a rule of thumb I normally believe that a crime committed whether it be aggravated assault or murder, they all should be treated the same,” said Jones, who is a former Eaton County sheriff. “They are just as heinous no matter what the reason. That being said, that means I am going to go to the committee with an open mind and listen to the testimony.”

UPDATE: May 13, 12:05 p.m.: State Rep. Rick Jones, a Republican from Grand Ledge who sits on the House Judiciary Committee, told Michigan Messenger Wednesday morning that although the bill package aimed to strengthen the state’s bias crime laws may have enough votes to pass out of committee and likely the full House, it will die in the GOP-controlled Senate without significant changes.