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Rare Jewel Insight:
July 7, 2004

Table of Contents:

  1. COMMENTARY
    "Inside the "Hate Crimes" Amendment"
  2. TAKE ACTION
    We Can Stop the "Hate Crimes" Amendment
    Pledge Case follow-up

1. COMMENTARY

Inside the "Hate Crimes"' Amendment

(by Tim Ewing, Publisher, Rare Jewel Magazine)

On June 15th, 2004, with a 65-33 vote, the U.S. Senate added a "hate crimes" amendment to the $447 billion defense spending bill for next year. Officially known as the Local Law Enforcement Act, every Democratic Senator (except Senator John Kerry who wasn't present--as has been the case in 88 percent of the Senate votes this year) was joined by 18 Republicans. Many in the Christian community immediately decried this outcome.

Following are the highlights:

1. We oppose this amendment because it may lead to outlawing Christian doctrine that calls homosexuality sinful and unnatural:
Throughout the debate amendment co-sponsors Senator Gordon Smith (R-OR) and Ted Kennedy (D-MA) repeatedly made reference that this amendment would not punish thought or speech. In Senator Smith's words, "Many of my colleagues will ask, 'Why are you trying to punish thought?' I think it is important to recount that we are not punishing thought. We are not punishing speech. We are, in fact, punishing thought and speech that amounts to conduct, and that conduct then becomes criminal."

While adamantly trying to position this legislation as punishing criminal conduct and not thought or speech, Senators Smith and Kennedy (and by association the other 63 Senators who voted with them) have tipped their hand about how they really view thought and speech that is contrary to the homosexual lifestyle. During the floor debate these Senators noted that any thought or speech that was against the homosexual lifestyle was "hateful." Their comments were always in the context that the amendment would not punish such thought or speech, but nonetheless we find it alarming that they were all the time referring to any such thought and speech in terms such as "hateful."

Though this legislation doesn't specifically call for outlawing Biblical teaching against the homosexual lifestyle, it does imply that such teaching is "hate speech" and in today's age of judicial supremacy this amendment could lay the groundwork for an activist judge to ban certain portions of the Bible and muzzle our pastors and citizens.

2. We oppose this amendment because it constitutes yet another federal reach for power at the expense of our states, especially when there is no evidence the states actually need federal involvement (in contrast to the situation a few decades ago when many Southern states failed to enforce law to protect African Americans).

Prosecution for crimes covered by the amendment has historically been a state power. Senator Jeff Sessions (R-AL) noted, "I think before we continue down this road of moving into the psychological motivations for a specific act of committing a crime, we ought to ask ourselves: is it the kind of problem we know is not being effectively prosecuted and handled in America today, is not being prosecuted and sentenced effectively based on the act that was committed, so that now we need to figure out the motive behind the act and make it a Federal crime?" He added, "I am not aware of those offenses being inadequately prosecuted."

Our Federal Government has grown far beyond its role as originally intended by our Founding Fathers. Citizens need to let our representatives know that we want our government to return to its intended form, to dramatically reduce its size and scope. There is no need for the Federal Government to add yet another layer of bureaucracy in the form of this amendment. This is simply a political maneuver designed to win votes in the next election, a maneuver that will cost the taxpayer without providing any real benefit.

3. We oppose this amendment because it continues the trend of inaccurately acknowledging homosexuals as a particular "class" of people in the same vein as someone's race or gender, therefore attempting to position homosexuals with these groups that need legal protection from "discrimination."

There is no evidence that points to sexual preference as an innate characteristic such as one's race or gender (for more on this, be sure to read the July/August issue of Rare Jewel Magazine, which will ship later this month).

4. We oppose this amendment because it advances the notion that homosexuality should be embraced (and even promoted) as acceptable by our culture.

Homosexuality is NOT harmless. In fact, research clearly shows that homosexuality brings with it serious threats to the physical, mental, and emotional health of those involved and by extension our society as a whole (read the July/August issue of Rare Jewel Magazine for more information on this).

Our government should not be engaged in promoting a lifestyle that has serious negative consequences for society.

5. We oppose this amendment because it communicates the wrong values to our society.

During the debate over the amendment Senator Smith stated, "The law is a teacher." In this, he is correct. If our Congress passes a law that communicates to our culture, to our children, that homosexuality is such an important value that it needs special protection under law we are sending a signal loud and clear that homosexuality should be considered normal and even actively embraced and promoted.

Our Founding Fathers based our country's laws on Biblical principles. That's why activities such as adultery and homosexuality were outlawed for much of our nation's history. Our Founders understood that if a nation follows God's ways, it will prosper…and likewise if a nation rejects God's ways it will degrade and even disappear. This amendment sends a signal to our culture that it is okay to violate God's way which is an unhealthy proposition for our nation in the long run.

We desire to proclaim a message of hope, grace, and love to homosexuals and encourage them to embrace the truth. We oppose the "hate crimes" legislation not because we oppose homosexuals, but because we oppose both the subtle and overt methods that activists in our culture are using to foster myths about homosexuality.

Current Status:
Eight days after the hate crimes amendment passed, the U.S. Senate voted 97-0 to approve the 2005 defense spending bill (S.2400) which included the hate crimes amendment.

However, it's not too late to stop the "hate crimes" amendment from becoming law. Designated conferees from the Senate and the House will conference this month to finalize wording for the bill--a process that includes adding and eliminating various items in the bill. See TAKE ACTION below for more information.

To see how your Senators voted on the "hate crimes" amendment, go to:
http://capwiz.com

To read the amendment, go to:
http://www.congress.gov (from this page, scroll down until you find the heading, "SA 3183.")

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2. TAKE ACTION

We Can Stop the "Hate Crimes" Amendment

Twice since 1999 a "hate crimes" amendment has been piggy-backed to a bill which was later approved by the U.S. Senate. Both times the amendment was stripped out "in conference." A bill must pass both the House and Senate in the same form before it can be presented to the President for signature into law. Once the larger bodies agree on the contents of their respective versions of a bill, they will often appoint a conference committee with both House and Senate members to iron out the differences between the two versions. One major difference between the Senate and House versions of the 2005 defense bill is that the House version does not include the "hate crimes" amendment.

Below is a list of the Senators who have been appointed to conference on the defense bill. ("nay" means they voted against the "hate crimes" amendment, "yea" means they voted in favor). Ten of the twenty-five Senator-conferees voted against the "hate crimes" amendment.

Allard (R-CO, nay); Chambliss (R-GA, nay); Collins (R-ME, yea); Cornyn (R-TX, nay); Dole (R-NC, nay); Ensign (R-NV, yea); Graham (R-SC, nay); Inhofe (R-OK, nay); McCain (R-AZ, nay); Roberts (R-KS, nay); Sessions (R-AL, nay); Talent (R-MO, nay); Warner (R-VA, yea); Akaka (D-HI, yea); Bayh (D-IN, yea); Byrd (D-WV, yea); Clinton (D-NY, yea); Dayton (D-MN, yea); Kennedy (D-MA, yea); Levin (D-MI, yea); Lieberman (D-CT, ); Nelson (D-FL, yea); Nelson (D-NE, yea); Pryor (D-AR, yea); Reed (D-RI, yea).

The House has yet to appoint their conferees (we'll let you know as soon as they do) and the entire committee is expected to hammer out the final bill later this month.

In terms of political pressure, opposing this defense spending bill because of the "hate crimes" amendment would bring a huge amount of grief on any Senator who would choose such a course. The peer pressure to approve the defense bill is tremendous, as evidenced by the fact that all 33 Republican Senators who voted against the "hate crimes" amendment still approved the overall defense bill even though it contained the amendment they voted against.

If this bill makes it to President Bush, he will be under the same political pressure (if not more) to sign this bill into law. But we elect our officials to be leaders, and we expect them to lead and do the right thing even when the political heat gets fierce. If we will make our voices heard we can still affect the outcome of this amendment. After all, this amendment has been stripped out in committee before--twice!

Call or email your senator once every week in July and ask them to do everything in their power to strip out this amendment--especially if they are one of the twenty-five conferees. There is a fantastic tool on the Web to help you email your senator with the greatest of ease (and also obtain their phone number), go to: http://capwiz.com/afanet/dbq/officials/


Pledge Case follow-up

Many Rare Jewel Insight readers responded to our recent Special Report about the Supreme Court ruling on the Pledge of Allegiance case--asking for contact information so we can make our voices be heard (see: http://www.rarejewelmag.com/articles for the Special Report).

* For an excellent online tool that makes emailing our elected officials super easy (and also find telephone and postal address details), go to: http://capwiz.com/afanet/dbq/officials/
Note: Due to heightened security measures, we do not recommend you do any postal mail communication with your elected representatives. Email and phone calls are much more efficient.

* To contact Supreme Court, you may call (202) 479-3211 but they do not take any comments or complaints. The only way to get a personal message to a Supreme Court Justice is by mail to:

[Insert name of Justice]
1 First St NE
Washington, DC 20513

The Justices do not circulate correspondence, so you must mail nine individual letters if you wish to communicate with all nine Justices.

* My good friend Reverend Rob Schenck of Faith and Action (Missionaries to Capitol Hill) also passes along this advice:
"So, what are we to do? The same thing our President led the nation in doing after 9-11. We need to Pray, Plan and Act. Here's what we at Faith and Action will do on each of these points:

1) Pray:

  • That God will frustrate those who want America to shake a fist in His face and declare themselves in rebellion against His will and purposes for this country.
  • That God's people will rise up courageously in prophetic witness to do their part in preserving the blessings of Liberty by acknowledging His sovereignty over the Land and defending this rich American heritage.


2) Plan:

  • To use every means available to us as citizens of the United States to preserve and protect the acknowledgement of God over our Land.
  • Appeal to our elected and appointed officials to stand courageously against those bent on purging the acknowledgement of God from the American landscape.
  • Urge the leaders of both political parties to act immediately to adopt platforms that support the acknowledgement of God.- Require our Congressional leaders and members to support legislation--and a constitutional amendment, if necessary--to preserve and protect our great heritage of acknowledging God.


3) Act:

  • By informing others of an inevitable second assault on the Pledge of Allegiance, and the consequent assault on every public acknowledgement of God that is sure to come in its wake.
  • Organize our families, communities and churches to act BEFORE this second assault comes.
  • Sign the FAITH AND ACTION petition to urge the two political parties to adopt platform statements supporting the public acknowledgement of God." Sign the petition at:
    http://www.grassfire.net/44/petition.asp

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