by Andrew Sullivan
V.
And why is hate for a group worse than hate for a person? In Laramie, Wyo., the now-famous epicenter of ''homophobia,'' where Matthew Shepard was brutally beaten to death, vicious murders are not unknown. In the previous 12 months, a 15-year-old pregnant girl was found east of the town with 17 stab wounds. Her 38-year-old boyfriend was apparently angry that she had refused an abortion and left her in the Wyoming foothills to bleed to death. In the summer of 1998, an 8-year-old Laramie girl was abducted, raped and murdered by a pedophile, who disposed of her young body in a garbage dump. Neither of these killings was deemed a hate crime, and neither would be designated as such under any existing hate-crime law. Perhaps because of this, one crime is an international legend; the other two are virtually unheard of. But which crime was more filled with hate? Once you ask the question, you realize how difficult it is to answer. Is it more hateful to kill a stranger or a lover? Is it more hateful to kill a child than an adult? Is it more hateful to kill your own child than another's? Under the law before the invention of hate crimes, these decisions didn't have to be taken. But under the law after hate crimes, a decision is essential. A decade ago, a murder was a murder. Now, in the era when group hate has emerged as our cardinal social sin, it all depends. The supporters of laws against hate crimes argue that such crimes should be disproportionately punished because they victimize more than the victim. Such crimes, these advocates argue, spread fear, hatred and panic among whole populations, and therefore merit more concern. But, of course, all crimes victimize more than the victim, and spread alarm in the society at large. Just think of the terrifying church shooting in Texas only two weeks ago. In fact, a purely random murder may be even more terrifying than a targeted one, since the entire community, and not just a part of it, feels threatened. High rates of murder, robbery, assault and burglary victimize everyone, by spreading fear, suspicion and distress everywhere. Which crime was more frightening to more people this summer: the mentally ill Buford Furrow's crazed attacks in Los Angeles, killing one, or Mark Barton's murder of his own family and several random day-traders in Atlanta, killing 12? Almost certainly the latter. But only Furrow was guilty of ''hate.'' One response to this objection is that certain groups feel fear more intensely than others because of a history of persecution or intimidation. But doesn't this smack of a certain condescension toward minorities? Why, after all, should it be assumed that gay men or black women or Jews, for example, are as a group more easily intimidated than others? Surely in any of these communities there will be a vast range of responses, from panic to concern to complete indifference. The assumption otherwise is the kind of crude generalization the law is supposed to uproot in the first place. And among these groups, there are also likely to be vast differences. To equate a population once subjected to slavery with a population of Mexican immigrants or third-generation Holocaust survivors is to equate the unequatable. In fact, it is to set up a contest of vulnerability in which one group vies with another to establish its particular variety of suffering, a contest that can have no dignified solution.
Sunday, November 14, 2010
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