AB449 makes the adoption of a “hate crimes” policy by a state and local law enforcement agency mandatory by July 1, 2024.
The Senate passed AB449 on September 11, 2023, by a vote of 39 to 0. We have assigned minuses to the ayes because “hate crimes” legislation is a farce being promoted by those who falsely believe it is the duty of government to right every wrong. This concept is not only impossible, but dangerous in a free society and antithetical to the U.S. Constitution. Since not all “hate” is or can be made criminal (e.g., anger, envy, or lust), the legitimate powers of government extend only to acts that are injurious to others (e.g., murder, theft, or rape). In other words, civil authorities have a dual role of both securing the right to life, liberty, and property for each person and punishing anyone who deprives it, regardless of the perpetrator’s motivations or the victim’s sex, race, religion, etc. The power to arrest, prosecute, or retry a person based on allegations of “hate”—which is a misnomer for government thought control—is not one that should be granted to any law enforcement agency or court system. Regardless of how unpopular, elusive, or detestable a defendant or their ideas may be, the Bill of Rights and the 14th Amendment provide for an “impartial jury,” prevent double jeopardy, and guarantee “due process” and “equal protection of the laws.”