Crime

Lawyer Argues That His Lesbian Clients’ Assault on a Gay Man Can’t Be Hate Crime

Posted on February 26, 2012 at 7:46pm by Christopher Santarelli
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Lawyer Says Lesbian Clients Assault on a Gay Man Can’t Be Hate Crime

Can the sexuality of the attacker affect what is deemed to be a sexual orientation-bias hate crime? An ongoing case in Boston may answer this question.

The Boston Herald reports that a lawyer representing three women who allegedly beat a gay man claims that his clients cannot be convicted for hate crimes because they are lesbians.

“My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate crime legislation,” civil liberties lawyer Harvey Silverglate told the Boston Herald. “If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”

The Herald’s Richard Weir writes:

“Prosecutors and the ACLU of Massachusetts said no matter the defendants’ sexual orientation, they can still face the crime of assault and battery with intent to intimidate, which carries up to a 10-year prison sentence, by using hateful language.

‘Someone who is Jewish can be anti-Semitic,’ said ACLU staff attorney Sarah Wunsch. ‘The mere fact that someone is a member of the same class doesn’t mean they could not be motivated by hatred for their very own group.’

Prosecutors representing a self-identified gay man claim he was viciously attacked because of his sexual orientation shortly after bumping into the three women on the stairs within a Boston ‘T’ station.

The attackers claim that the exchange was instigated after the victim hurled racial slurs at the women who didn’t even know what his sexual orientation was. Two of the attackers were sisters and their mother reiterated to the Herald that the attack cannot constitute hate crimes for both of her daughters are lesbians.

“No one should go to court. It’s knuckle justice,”Civil-rights attorney Chester Darling told the Herald of the prosecution’s case. “It’s a fair exchange.”

A spokesman for Suffolk District Attorney Daniel F. Conley disagreed, telling the paper that prosecutors will have no problem proving the women committed a hate crime, even if they are lesbians.

(H/T: Fark)

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Comments (100)

BurntHills
Posted on February 26, 2012 at 11:06pm
it’s only a hate crime anymore if it is a white who beats up a black.
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- The-Monk
  Posted on February 26, 2012 at 11:26pm
  When are all you people going to stop identifying yourselves with how you use your sex organs? It’s so hard to understand anything you all are talking about.
  “I have a penis and I like other penises”
  “I have a v a g i n a and I like other vaginas”
  “I have a penis and I like vaginas”
  “I have a penis and I like butt holes”
  “I have a penis and I like both”
  “I have a v a g i n a and I like penises”
  You all should really step back and take a long look at yourselves. Stop identifying yourselves to a shaft and/or a hole. For Christ’s sake… you are all Human Beings and not sexual troglodytes.
- WeDontNeedNoSteenkinBadges12
  Posted on February 27, 2012 at 12:27am
  “Lawyer Argues That His Lesbian Clients’ Assault on a Gay Man Can’t Be Hate Crime”
  
  Since they’re both sex-pervert death-penalty criminals, execute Justice (that means execute them both) … and then you may debate how many angels can dance on the head of a pin.
  Report Post »
- nelbert
  Posted on February 27, 2012 at 2:00am
  To Wedontneedbadges:
  
  “sex-pervert death-penalty criminals” – ?
  
  Have you seen a doctor about that condition?
  Report Post »
- Marci
  Posted on February 27, 2012 at 2:24am
  This is where hate crimes legislation bites the priveleged class in the butt. Maybe if they were prosecuted and found guilty of it in addition to their assault, the precedent would help to eradicate the ridiculous laws which are NOT equal protection under the law.
  Report Post »
- Pigpen
  Posted on February 27, 2012 at 4:31am
  First off, I want to ask “NELBERT” how exactly he was able to pass over “THE-MONK”‘s frighteningly unhinged tirade to give that other loon grief about being unstable?
  
  And second, the article quoted the defense attorney as saying: “‘No one should go to court. It’s knuckle justice,’ Civil-rights attorney Chester Darling told the Herald of the prosecution’s case. ‘It’s a fair exchange.’”
  
  THAT is a CIVIL-RIGHTS attorney’s official OPINION? We have a “right” to KNUCKLE JUSTICE ???
  
  Oh, wait a second, wait, I get it: LESBIANS have a RIGHT to KNUCKLE JUSTICE.
  
  Hey, WHiT3Y, how is that “diversity” working out for ya’ now? THEY have a right to put the BEATDOWN on someone who INSULTS them! (And it was a p00fter no less!) But if YOU put the beatdown on an aggressive homosexual digging on YOUR straight, white, @ss, would YOUR civil-rights lawyer argue that you had the right to “knuckle justice” ???
  
  Wake Up, Whiteman, WAKE UP! You are LOSING the REPUBLIC! Your children are doomed if you do not Wake Up, Speak Up, and ACT OUT!!! Say NO to this. Write the Judge. Email the prosecutor. DO SOMETHING! This is about REVENGE on YOU, Whit3y, the courts are being used to get REVENGE on YOU! The blacks blame you for slavery. The Jews blame you for the Holocaust. The rich and powerful are AFRAID of what you will do if you ever see their villainy in the light of day. The LBGT hate you for thwarting NAMBLA… WAKE UP!
  Report Post »
- doomytram
  Posted on February 27, 2012 at 6:33am
  Did this lawyer come up with this nonsense from the ridiculous Eric Holder and Jesse Jackson?
  
  I didn‘t watch that dam video but how I don’t care how big the batch of lesbians are… i could talk out all of them plus 1. Me and my female Dog(German trained Working Dog)
  Report Post »
- rangerp
  Posted on February 27, 2012 at 8:15am
  the dems/libs/socialists/progressives coined the phrase “hate crime” thus they get to define it.
  
  Side note, but is there any such thing as a love crime?
  
  It is only a hate crime if a white person commits a crime agains a black one, or a heterosexual commits a crime against a gay person.
  Report Post »
- old white guy
  Posted on February 27, 2012 at 10:02am
  why not. she hates men even if they are homosexuals.
  Report Post »
- Listen_then_think
  Posted on February 27, 2012 at 10:19am
  @pigpen
  You mean American Blacks blame you for slavery. Most non-american blacks I know are normal, regular people with common sense processing brains. Most American blacks have been diseased by the liberal system of injustice to believe extreme white paranoia.
  Please don’t lump all blacks into the same category. Mostly the liberal democrat americanized blacks are the ones without tolerance to anyone but themselves.
  Report Post »
- thequeenbee
  Posted on February 27, 2012 at 5:11pm
  TheMonk is spot on. I am not my sex organs. If this was not a hate crime, what was it a love crime or just rough sex. Our country is going down the tubes and the commies have taken over.
  Report Post »
- Wolf
  Posted on February 27, 2012 at 6:45pm
  “…three women who allegedly beat a gay man claims that his clients cannot be convicted for hate crimes because they are lesbians…”
  Their lawyer is an idiot if he thinks no jury would consider this a ‘hate crime’ when everyone knows lesbians hate men, that‘s why they’re lesbians. Especially if I was on that jury, I’d vote each of them get the death penalty.
  Report Post »
- Dan_o
  Posted on February 27, 2012 at 8:43pm
  Some people are just more equal than others. Duh!
  Report Post »
- The-Monk
  Posted on February 28, 2012 at 3:02am
  @Pigpen
  “First off, I want to ask “NELBERT” how exactly he was able to pass over “THE-MONK”‘s frighteningly unhinged tirade to give that other loon grief about being unstable?”
  
  I guess you just don’t get it Pigpen. BTW, how DID you come up with the name Pigpen?
  Report Post »
Virginia Rebel
Posted on February 26, 2012 at 10:47pm
This whole story is so weird. It was three black women beating up a white guy and yelling gay slurs at him, according to several news reports I have read. Then they all claimed to be lesbians. Gays love to insult straight people by accusing them of being gay. I wondering if this was simply blacks hating a white and using the gays favorite insult. But nobody wants to call this a black on white hate crime, so they claimed the gay hate crime angle only to find out the blacks are lesbians. It backfired on them. Really strange.
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- IMAWAKENOW
  Posted on February 27, 2012 at 2:45am
  thank you for answering a question I had about this case. As soon as I read that mom claimed the sisters were lesbians I thought it might be a black vs white thing. That is NO racist, that is just what I see 90% of the time. Sisters, Cousins, running in packs jumping individuals like a pack. This seems like a hate crime but not bassed on homophobia. Oh Yeah, blacks can’t discriminate against whites according to Eric Holder.
  Report Post »
- Listen_then_think
  Posted on February 27, 2012 at 10:26am
  Of course the MSM covers up the fact that it was 3 American black women lesbians who beat up a white man. Proving once again that in America, American blacks are incapable of hate crimes, being racists, or of committing any violence against whites. The MSM IS involved in a cover up. American blacks are the most intolerant people on earth, just look at al sharpton.
  Report Post »
hogtrashhd
Posted on February 26, 2012 at 10:36pm
ROFLMAO… this country just gets funnier and funnier…. what will these malcontents think of next to be “different”.. the room is getting darn near of “different” to the point of everyone is the same.. just nuts.. oh can I say nuts… or is that a hate crime now.. geez louise..
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- lovenfl3
  Posted on February 26, 2012 at 10:43pm
  Exactly, this is all about “special” rights, not “equal” rights as they proclaim. There is no better proof of that than this case. http://www.youtube.com/watch?v=h1oDqfTl3KA
  Report Post »
- Uranium Wedge
  Posted on February 26, 2012 at 10:50pm
  So what happens if you Hate Crime?
  Report Post »
bjornskis
Posted on February 26, 2012 at 10:36pm
she hates men hence a hate crime
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- The-Monk
  Posted on February 26, 2012 at 10:45pm
  Maybe the 3 “L” type woman should have to prove that they are “L” type woman in open court before being let off on a hate crime? How do we really “know” that they are gay women and not just lying and pretending? Come on ladies… let’s see some action! : )
  Report Post »
- 9111315
  Posted on February 26, 2012 at 10:45pm
  all men.
  Report Post »
The-Monk
Posted on February 26, 2012 at 10:34pm
I’ve never really seen one person beat another person because they loved them; It’s usually because they hat e them for something they said or did. Or course, I’m not talking about paid professional fighting sports like boxing or MMA. I’m also not talking about a parent punishing their child.

I’m talking about adults. I don’t care what “letter” you go by; L B G T Q W B Y R or IA (illegal alien), if you beat someone up and it’s not in self defense it could be classified as a hate crime. But, why all this non-sense about hate crimes? Just prosecute for the crime itself and lock them up if they are guilty.

I was the victim of a hate crime; as it is currently labeled. I’m white and a black guy with no drivers license, no insurance, awaiting trial for a DWLS with knowledge, habitual offender, was let off by a black police officer. The cop even let the guy, who ran a stop sign and totaled my car, doing over 50 MPH in a 25 MPH zone, take my AAA tow truck for himself. I had to call AAA again and get another tow truck sent out. I would classify that as a black (cop) against white (citizen) hate crime. The guy was also a CI (confidential informant) for that same police agency. I still need an operation from that collision and the other guy paid $185 for running a stop sign and got his license back in 2 months. Go figure. Hate crimes? Let’s just get those who break the law punished for the crime they did. Forget about the hate part.
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- Dismayed Veteran
  Posted on February 27, 2012 at 11:51am
  If I were you, I would put this guy’s name in the paper as a police CI. That would really make his day suck.
  Report Post »
stage9
Posted on February 26, 2012 at 10:33pm
See how this works folks….hate crimes only apply to you.
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- Dan
  Posted on February 26, 2012 at 10:54pm
  Well put, I am sick of all this crap. We had one here in Ohio a few months back. This young punk kid (that is openly gay) started with another kid and the kid beat him up. Then the gay kid gets the backing of the AFL-CIO and wants to sue. It’s a bunch of crap!!!
  Report Post »
- 2theADDLED
  Posted on February 26, 2012 at 11:38pm
  Help me out I really don’t know.
  Has there ever been a black on white hate crime that has been prosecuted ?
  I can’t recall any.
  Report Post »
- Bill Rowland
  Posted on February 27, 2012 at 7:51am
  Under our current president and AG the women are twice blessed, they are lesbians and they are black. According to Holders interpretation of the law they can only be tried for assault they are not capable of racism or homophobia.
  Now if three white lesbians attacked a gay black man you would have a real hate crime and Holder could make it a fedral case in an election year.
  
  OMG
  Report Post »
Texan Man
Posted on February 26, 2012 at 10:13pm
A Hate Crime: When a straight white southern male gets upset at anyone who isn’t a straight white southern male.
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- The Third Archon
  Posted on February 26, 2012 at 10:24pm
  Well, that is an EXAMPLE of a hate crime, hardly an exhaustive one though…
  Report Post »
- Uranium Wedge
  Posted on February 26, 2012 at 10:25pm
  Ladies and gentlemen…
  The can of worms that is Hate Crime Legislation
  Report Post »
- cessna152
  Posted on February 26, 2012 at 10:36pm
  wtf is a hate crime? If you beat up someone it is a crime. If you hate someone and attack them it is simply a crime. This is another agenda to favor one group over another.
  Report Post »
- The-Monk
  Posted on February 26, 2012 at 10:40pm
  @Texan Man
  Seems like you attracted the attention of the famous gay guy called, “The Terd Archon”. Well done!
  Report Post »
- dissent
  Posted on February 27, 2012 at 8:26am
  Drop the southern part. Us northerners suffer under the same yoke. Though your definition is somewhat narrow. A hate crime is anytime a straight white male does anything where the “victim” isn’t a straight white male and is offended in someway. Straight white cop writes a parking ticket for a black guy, it’s a hate crime. Someone disagrees with the presidents policies? Hate crime. Straight white guy just calls a gay guy a name, well you know that’s a hate crime…and get rid of that first amendment too. This country is ridiculous anymore. The real hate crime is these hate crime laws that seek to divide us into little privileged groups.
  Report Post »
RayOne
Posted on February 26, 2012 at 9:54pm
The concept of one protected group abusing or exploiting another protected group is not new. This is the foundation of the K Street industry.
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NOT A CRAZY
Posted on February 26, 2012 at 9:48pm
The hate crime legislation is a joke and always will be.
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- KickinBack
  Posted on February 26, 2012 at 10:05pm
  Three lesbians and a gay guy walked into a bar…
  Report Post »
- Lesbian Packing Hollow Points
  Posted on February 26, 2012 at 10:37pm
  The bisexual behind them ducks.
  Report Post »
- RightThinking1
  Posted on February 26, 2012 at 11:04pm
  Yeah…, a very bad joke. It is a short step for “hate speech” to be legislated into “hate crime”. Thus, when if expresses disapproval of a particular behavior (“hate speech”), then the consequence will be a charge of “hate crime”. That is just about what has happened to that kid in NJ who took a picture of his roommate kissing another guy
  Report Post »
Lesbian Packing Hollow Points
Posted on February 26, 2012 at 9:46pm
“If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”

This is my take on hate crimes up until the first time I was walking on the sidewalk and a car sped close by me with an adolescent male hanging out of the passenger’s side rear window yelling “F-a-g-g-o-t!” at me.

I still don’t believe in hate crimes as crimes in an of themselves, but once convicted of a crime, if it was motivated by prejudice beyond pure hate or pure greed, then such DOES need to be taken into consideration in sentencing, and using bigotry on the part of criminals as sentence enhancements is entirely appropriate. It does not rise to the level of thought crime as I once thought.

As such, no one is immune from bias crimes. There are plenty of categories that overlap. Attempting to carve out exceptions that are supposedly immune from the overlap, you endeavour to write a legal fiction, the homosexual incapable of being biased against other homosexuals.

It’s entirely possible for gay men to be biased against lesbians, and vice versa. Lots of LG people are biased against B people. Lots of LGB people are biased against T people. White people are biased against other white people. Black people are biased against other black people. All it takes is digging down under the higher level categories to find something about anyone and everyone that you don’t like. And once you d
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- Lesbian Packing Hollow Points
  Posted on February 26, 2012 at 9:58pm
  And once you don’t like something about a person, you are capable of bias against them on that basis.
  
  Homosexuals are capable of being biased against heterosexuals in precisely the same way that heterosexuals are capable of being biased against homosexuals. Statements like “homosexuals can’t be biased against other homosexuals” is itself biased against homosexuals, asserting that they don’t have a capability that others have.
  Report Post »
- stage9
  Posted on February 26, 2012 at 10:42pm
  I’m not biased against anyone. I look at the facts and the facts say that the homosexual lifestyle is REPLETE with higher incidences of domestic abuse and violence than that of heterosexuals. period!
  
  The Australian Research Centre in Sex, Health & Society published a study called “Private Lives: A report on the health and wellbeing of GLBTI Australians.”
  
  The study is said to be the largest of its kind to date, which included surveying 5,500 gay, lesbian, bisexual and transgender individuals on their lifestyles and mental health.
  
  The report found that 33% of the respondents reported having been in an abusive relationship with a same-sex partner. This included verbal or physical abuse. The abusive relationships were higher for women than for men, but was highest for transgendered males.
  
  In line with traditional psychiatric opinion, violence goes hand-in-hand with the ‘gay’ lifestyle. Almost all the exposure by homosexuals to violence and disease is encountered in the gay subculture. Most of the murderers in the lifespan study whose sexual orientation could be determined were also homosexual. While violence toward homosexuals is deplorable, most violence involving gays is self-induced (and the gay subculture may export more violence than it absorbs from without).
  Report Post »
- Lesbian Packing Hollow Points
  Posted on February 26, 2012 at 10:54pm
  And if you take your “facts” to the nearest gay bar and punch out a queer because you know those facts, guess what, you just committed a bias crime.
  Report Post »
Lord_Frostwind
Posted on February 26, 2012 at 9:27pm
Once again proving that Hate Crime Legislation only affects us normal folk, after all minorities are incapable of hatred, right?
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ColoradoMaverick
Posted on February 26, 2012 at 9:15pm
I guess the gays get a pass on certain crimes huh. That doesn’t sound very “equal” does it? That’s like saying a black man can call another black man the N word. Idiotic.
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- ThomasUSA
  Posted on February 26, 2012 at 9:32pm
  It’s never been about “equality” it has always been about “social justice”… That’s why blacks lynching whites is only “fair”… Muslims killing Jews and Christians is “fair” because “justice” has been served.. That is why the Communists/Socialists/progressives etc… all support each other enact “social revenge”
  Report Post »
cookcountypatriot
Posted on February 26, 2012 at 9:00pm
well after all it was a hate crime…not just an everday crime that we the real people expierence,,,it was a homosexual hate crime…they are so imprtant to our society that they are protected above the rest of us…even though its un constitutional
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I.Gaspar
Posted on February 26, 2012 at 8:55pm
I think if space aliens were to come to earth to make contact with humanity…and they saw what the progressives have done to this country…they might just go back home without even saying hello.
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- lel2007
  Posted on February 26, 2012 at 9:26pm
  I’ve seen them. They left, They never even waved back.
  Report Post »
- Sparhawk
  Posted on February 26, 2012 at 9:29pm
  “Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.” Quote by Bill Watterson, creator of “Calvin and Hobbes”
  Report Post »
omgfolks
Posted on February 26, 2012 at 8:16pm
This is just some prosecutor looking to get their name in the history books. You have to hate to assault, if your happy and you know let it go.
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love the kids
Posted on February 26, 2012 at 8:15pm
So I guess this proves that blacks cannot be racist???
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dirtydog1776
Posted on February 26, 2012 at 8:15pm
Come on guys. Let me in on the secret. Who is responsible for making up all this weird stuff? I mean, you would have to be on drugs to think up crap like this.

Follow this very confused little dirtydog1776 on Twitter as he tried to figure out why people are so stupid.
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Sparhawk
Posted on February 26, 2012 at 8:08pm
The whole idea of a stiffer sentence for a “hate crime” is repugnant.

The 14th Amendment of the U.S. Constitution states that no state shall “deny to any person within its jurisdiction the equal protection of the laws”.

EQUAL PROTECTION. There should not be laws specifically written to protect one group of people more than others. In my opinion, “hate crime” legislation is a violation of the 14th Amendment: enacting harsher penalties when certain “classes” of people are victims is not “equal protection”.

Hate crime laws remind me of the book “Animal Farm”: “”All [people] are equal, but some [people] are more equal than others”.

There is a difference between EQUAL RIGHTS and EQUAL PROTECTION. I agree that people, regardless of sexual orientation or gender identity, should have the same EQUAL RIGHTS as everyone else. And, if those rights are violated, I believe that EQUAL PROTECTION means that the violators should be subjected to the same penalties as they would for violating someone’s rights for any other reason, but not face harsher penalties because they discriminated against a gay person versus a straight one.

So the sexual orientation of the alleged criminals or victims should not play into the punishment at all.
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- progressiveslayer
  Posted on February 26, 2012 at 8:17pm
  Well done Sir/Mam,we have strayed so far from the original intent of the framers it’s disgusting and our founders are rolling in their graves.All these ‘hate crimes’ are BS and were made into laws by people who have no comprehension of the constitution.Our government is too big and produces ignorant laws that have no basis in the constitution at all.
  Report Post »
- Stoic one
  Posted on February 26, 2012 at 8:45pm
  You have spoken well.
  Report Post »
- CatB
  Posted on February 26, 2012 at 8:53pm
  Amen!
  Report Post »
- NOTYERHUCKLEBERRY
  Posted on February 26, 2012 at 8:58pm
  Very well said, I can not add a thing!
  Report Post »
chips1
Posted on February 26, 2012 at 8:04pm
Silly Savages!!!! I poop in your general direction.
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- SoupSandwich
  Posted on February 26, 2012 at 9:38pm
  Yesss. Much.
  Report Post »
TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on February 26, 2012 at 8:03pm
This just confirms my theory that Rosie O‘Donnell can kick Obama’s @ss.
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copatriots
Posted on February 26, 2012 at 7:59pm
P.S. And I’m sure this will be said but…….all crime is hate crime.
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- SoupSandwich
  Posted on February 26, 2012 at 9:27pm
  Not to sociopaths. Just ok crime to them. Eh, whatever.
  Report Post »
progressiveslayer
Posted on February 26, 2012 at 7:57pm
All these hate crimes are BS with ‘victim status’,if you‘re assaulted it’s assault simple as that.
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JustPeachy
Posted on February 26, 2012 at 7:56pm
GMAB. ANY violent act is a hate crime!
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- oldguy49
  Posted on February 26, 2012 at 7:58pm
  equal punishment under the law
  Report Post »
copatriots
Posted on February 26, 2012 at 7:56pm
Well, of course, it can’t be a hate crime. Hate crimes can only be committed by white, straight, Christian men. Duh.
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USAqh
Posted on February 26, 2012 at 7:54pm
Amazingly stupid theory …. Lesbians like to have sex with other women … Gays like to have sex with other men … therefore they are NOT alike … and under this theory – anyone who is straight who is in jail for beating up someone else who is straight should be set free !!!!
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- progressiveslayer
  Posted on February 26, 2012 at 8:07pm
  I‘m not a bible thumper but doesn’t it say in there somewhere something about confusion in the end times?
  Report Post »
- SoupSandwich
  Posted on February 26, 2012 at 9:43pm
  You will see them using the same barber though. Why do they get to hijack the Skittles flag? Isn’t that trademark infringement or something?
  Report Post »
- The-Monk
  Posted on February 26, 2012 at 10:51pm
  @SoupSandwich
  “Just because Rainbows are curved; doesn’t mean that they are not straight”
  FREE THE RAINBOWS!
  Report Post »
- SoupSandwich
  Posted on February 27, 2012 at 11:44am
  Free the Rainbows indeed! Where is the Rainbow coalition of CAIR at on this?
  Report Post »

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