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Thread: West Virginia Supreme Court rules anti-gay assaults are not hate crimes

  1. #1
    Real American™ nam's Avatar
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    West Virginia Supreme Court rules anti-gay assaults are not hate crimes

    West Virginia Supreme Court Rules Anti-Gay Assaults Are Not Hate Crimes
    May 10, 2017
    Mark Joseph Stern

    On Tuesday, the West Virginia Supreme Court of Appeals ruled that the state’s hate crime law does not cover anti-gay assaults or any crime committed on the basis of sexual orientation. Its 3–2 decision marks a setback for civil rights advocates’ efforts to persuade courts that laws prohibiting violence and discrimination on the basis of sex also protect LGBTQ people. The loss, however, is a narrow one—and the poorly reasoned majority opinion is unlikely to affect the growing consensus in the federal judiciary that anti-LGBTQ discrimination is always “because of sex.”

    Writing for the majority, Chief Justice Allen H. Loughry II rejected this theory, writing that the “common and ordinary meaning” of the word “sex” simply “imparts being male or female, and does not include ‘sexual orientation.’ ” He reached this conclusion by citing several dictionary definitions and ignoring Supreme Court precedent interpreting sex discrimination to encompass “the entire spectrum of disparate treatment of men and women resulting from sex stereotypes.” Loughry also noted that the legislature has repeatedly tried and failed to add “sexual orientation” to its hate crime statute. Its failure to add these words, Loughry asserted, indicates that the legislature did not intend to protect LGBTQ people from hate crimes.

    In a forceful dissent, Justice Margaret L. Workman, joined by Justice Robin Jean Davis, criticized Loughry for giving “the shortest shrift to real critical thinking.” The majority decision, Workman wrote, “is overly simplistic and constricted,” because “the absence of … those two magic words”—sexual orientation—“does not definitely resolve the question presented by this case.” In reality, Workman explained, “certain individuals are targeted for violence because they are perceived to violate socially-established protocols for gender and sex roles. The perpetrators in such instances have drawn conclusions that the victim has contravened certain unspoken rules” regarding men and women. When he acts on those conclusions, “the bias-motivated crime” is committed, quite literally, “because of sex.”

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    Premier Sponsor Jasmine's Avatar
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    Of course! It makes perfect sense that it's not a Hate Crime if I yell, "You filthy faggot!", while beating you to death. Thank God we have those educated and righteous judges "way down south in Dixie".
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    Full Sponsor TapToTalk's Avatar
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    Quote Originally Posted by Jasmine View Post
    Thank God we have those educated and righteous judges "way down south in Dixie".
    WV isn't part of "Dixie". It seceded from Virginia because VA joined the Confederacy. There are stupid judges "up North", too. West Virginia should update it's laws so that three judges aren't making these kinds of decisions.

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