Plan addresses hate crimes
SALT LAKE CITY - The Church of Jesus Christ of Latter-day Saints said Thursday that it will not oppose the latest version of a bill to address hate crimes in Utah.
"The Church of Jesus Christ of Latter-day Saints abhors hatred, intolerance and abuse of any individual or group," the brief statement said. "As it has stated consistently over the last three years, the church does not oppose hate crimes legislation, including (House Bill) 90 as drafted."
Sponsored by Rep. David Litvack, D-Salt Lake City, the bill would require judges and the state Board of Pardons and Parole to consider whether bias or prejudice based on a group to which victims belong was a basis for their selection as a target.
Proof of bias or prejudice could be used as an aggravating factor in sentencing, or when a convicted felon is being considered for probation or parole.
Unlike previous bills, this one does not specify the groups, which might include race, religion or sexuality.
The bill has not yet had a hearing.
"I know they tend to be more vocal when they oppose something," Litvack said. "But even more critically, to have the LDS church as leaders in our community be a voice on this in terms of promoting tolerance, promoting respect and promoting understanding of our diverse population."
The church first issued a statement about hate crimes legislation in 2003, after Litvack asked for their support. On Wednesday, The Associated Press asked the church for a statement regarding Litvack's bill.
Most members of Utah's Legislature are members of the church, but whether that translates into votes is another matter, Litvack said.
"With this issue, there never has been a silver bullet," he said. "And I think if we ever thought that there was, we were very unrealistic."
Litvack may have thought differently in 2003, when he and Republican co-sponsor Rep. Jim Ferrin, of Orem, secured the first statement. In 2003 the bill initially passed, but was called back by conservatives for a revote.
Rep. LaVar Christensen, R-Draper, said he welcomes hearing from religious leaders on issues, but cautions against reading too much meaning into the statement. Christensen has consistently voted against the bill.
"What you want to know is do (Mormon legislators) listen disproportionately," said Christensen, adding that he's open to Litvack's proposal. "I think all the other bills the church doesn't make statements about, they also don't oppose."
Ferrin said that in the past, "those of us who sponsored (legislation) made of this that members of the LDS church need not use their LDS beliefs as a reason to oppose the bill."
The previous bills sought to enhance criminal penalties and included a defined list of groups typically targeted in bias crimes.
In each of the six years Litvack attempted the bill, the "list" approach tripped up on the inclusion of sexual orientation among the classifications.
Some opponents said crimes should be punished equally, regardless of their motivation.
But others said they did want to offer special protection to gays. Homosexuality is considered a sin by the church and its practice is ground for excommunication.
"We had been told it would never pass with categories and with sexual orientation," said Utah's Attorney General Mark Shurtleff. "This takes care of a lot of people's concerns."
Shurtleff's biggest concern is ensuring that the bill's language isn't so broad as to get shut down on constitutional grounds. The U.S. Supreme Court has upheld hate crimes law in states that include category lists, but rejected laws without them for being unconstitutionally vague.
Technically, no hate crimes statute exists in Utah's state code. Instead there is a "penalty for hate crimes" law, which requires prosecutors to prove a person's civil rights have been violated, a third-degree felony punishable by up to five years in prison.
Prosecutors have rarely used the law because they said it is too difficult to enforce. As a result, most police departments investigating bias crimes have pushed prosecutions into federal court, where the standards are easier to prove and the penalties more harsh.
Statistics kept by Utah law enforcement dating back to 1998 show the state averages 66 hate crimes a year.
Posted in State-and-regional on Saturday, January 28, 2006 12:00 am
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