I am not personally taking away any of your rights. I support hate crime laws. My friends that I'm visiting hear about the attitudes of people on this message board who oppose hate crime law and are shocked by the ignorance. I told them they think minorities will have "special rights". I say yeah, I bet minorities feel real "special" to be victims of hate crime.
Of course, I know plenty of people who know what it's like to feel discriminated against. I'm staying with some het friends who are a mixed race couple.
Conservative Christian groups seem to be alarmed about two factors:
That the law would inhibit hate speech in religious settings directed against sexual minorities.
That sexual orientation (i.e. heterosexuality, homosexuality and bisexuality) might become a protected class in hate-crimes legislation. This would lead to greater acceptance of homosexuality as a normal and natural sexual orientation for a minority of adults.
Hate crime law does not violate the First Amendment.
"The Supreme Court has squarely rejected the argument that hate crime violates the First Amendment. Although the Court said in the 1992 case of R.A.V. v. St. Paul that the government may not single out a crime for special punishment in virtue of the message it expresses, it later said that this is quite different from specifically penalizing a particular motive, which is constitutionally permissible
Thus, in the 1993 case of Wisconsin v. Mitchell, the Court unanimously said that the First Amendment's prohibition on criminal penalties for hate speech does not bar enhanced penalties for particular motives. Motive analysis, the Court noted, has long been understood as essential to the operation of the criminal law."
FindLaw's Writ - Dorf: The President's Disingenuous Arguments Against Expanding the Federal Hate Crime Law