More Legislation Won't Stop Stupid People From Committing Wretched Acts.
By Jeff Smith
I CANNOT CITE the precise date when the State of Arizona
declared it unlawful to kill homosexuals who offered to buy you
a drink at a gay bar, but I'm pretty sure it was even before the
state Legislature passed anti-discrimination laws that include
sexual orientation.
Indeed, even in this frontier outpost of the law of fang and
claw, murdering homosexuals--or for that matter, Rosicrucians,
persons of pigmentation, women, aluminum-siding salesmen and members
of the NRA--has been outlawed since the very introduction of the
rule of law. It goes clear back to English Common Law, back to
Moses and the clay tablets.
It comes under the Commandment "Thou shalt not kill."
Every nation on the planet, even Rhodesia, has subscribed to
the philosophy that killing another human being, absent a declaration
of war, is an offense against man, god(s) and law. And virtually
without exception--actually without exception here in the United
States, including Wyoming--the laws against murder make no demurrer
based on the popularity of the victim.
This sounds like a pretty good system, and it is--innately just,
and blind as to color, math-challenged as to wealth, deaf as to
lisp, impartial as to any and all particulars, as a system of
laws should be. The weakness of such a system is our weakness
as human beings, really: the existence of prejudice--hatred and
bigotry, ignorance and fear--on both the personal and the cultural
level.
Unfortunately, history, via the study of human behavior, has
proven that society cannot erase prejudice by writing laws. The
best lick we can hit is to soften it, minimize it through education.
Again unfortunately, it keeps coming back, generation after generation,
beaten onto the brows of children by ignorant and fearful adults
who perceive those who look and act different as threats to position
and possession.
It's a damn sad situation to live one's life in fear and hopelessness,
imprisoned by the ignorance and potential violence of others,
or by the personal terror that at any time you might be randomly
picked as the next victim of a hate-crime. It would be lovely
to believe that we, as a nation of law, could legislate against
hatred and make it stick. It would be nice to think we can and
indeed are getting kinder, gentler, more civilized.
But we can't and we aren't. And we're chasing our own hopeless
dreams--and the cynical politics of leaders who'd rather get our
minds off their troubles--when we respond to such sorry news as
came last week from Wyoming, with demands that Congress and various
state legislatures pass new laws against crimes of hate.
It is an oversimplification, I know, but just about everything
that ought not to be done by people is covered under the Ten Commandments.
And then some. I can construct a plausible case for coveting certain
neighbors' wives and asses. But honestly, it took Government Man
hardly any time at all to legislate against everything that really
needed to be outlawed. Since that first, protean legislative session
all we've done is spend a lot of time, money and energy electing
people to go somewhere and represent our interests by finding
new and imaginative ways of defining what, technically, comes
under the heading of (thou shalt not...) killing, stealing, coveting,
taking names in vain, adulterizing and so forth. By rushing into
high dudgeon each and every time some troglodyte violates one
of the oldest and most basic proscriptions of human interaction,
all we do is complicate our formal rules of engagement, and diminish
the elemental power of natural law.
Thou shalt not kill. Hell, even the brute beast recognizes the
wrong inherent in wanton, senseless murder. Wolves kill to eat:
the rogue who murders on some impulse unrelated to survival, to
the behavioral pattern passed along in the genes, is a pariah
in the eyes of the pack. Left at peace by the lawyers and the
legislators, we know as much of this truth as does the wolf.
The sad fact of the matter of Matthew Shepard, murdered out of
hate and fear and doubtless some degree of self-doubt and self-loathing,
is that it isn't going to end with him and the two morons who
beat him to death and hung him on a fence-post. Human beings aren't
perfectible. We probably aren't even very much improveable.
And all this sound and fury being whipped up around the cause
of passing new layers of law--bandaids on top of bandages--are
nothing more than empty, feel-good nostrums to convince ourselves
that we've done something about our behavioral problems. Better
we should go amongst them, as the Old Testament missionaries put
it, and talk about what's fair and square. If Russell Henderson
and Aaron McKinney can get away with pistol-whipping a queer,
how about Bruce and Bruce take a tire-iron to the temple of any
old boy they find wearing Wranglers and Ropers and driving a pickup
truck?
Is this any way to run a Wyoming? Or anywhere else we like to
call home? Hell no.
Anti-discrimination laws are something of a separate matter.
There is a legitimate public purpose to be served in defining
unlawful discrimination in such matters as housing and other public
accomodation to include sexual orientation, as well as gender,
ethnicity, racial distinctions and all such arbitrary standards.
This is not what is going on in the case of Matthew Shepard.
Murder is a hate crime, no matter who the victim is, who the
killer is, or what the motive and circumstance are. And it's already
against the law. We even provide our own variation on the theme
of cold-blooded murder: capital punishment, as penalty in exteme
cases.
No purpose can be served in establishing separate standards and
statutes for murdering gays or blacks or any other class of person
who was killed because someone imagined being kissed by him, or
seeing his sister kissed. Is that worse than having your life
snuffed out because someone wanted your sneakers, or took a check
for $5,000 from a greedy spouse?
Hate is bad. Murder is bad. We've got that covered. Let's put
our energy into setting better examples for our
kids.
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