The real purpose of hate-crime laws is to reassure politically significant groups — blacks, Hispanics, Jews, gays, etc. — that someone cares about them and takes their fears seriously. That’s nice. It does not change the fact, though, that what’s being punished is thought or speech. Johns is dead no matter what von Brunn believes. The penalty for murder is severe, so it’s not as if the crime is not being punished. The added “late hit” of a hate crime is without any real consequence, except as a precedent for the punishment of belief or speech. Slippery slopes are supposedly all around us, I know, but this one is the real McCoy.
Let us assume that the “community” is really affected by what we call a hate crime. I am Jewish. But even with von Brunn’s attack, I am more affected by a mugging in my neighborhood that might keep me from taking a walk at night than I am by a shooting at the Holocaust museum. If there’s a murder in a park, I’ll stay out of it for months. If there’s a rape, women will stay out of the park. If there’s another and another, women will know that a real hater is loose. Rape, though, is not a hate crime. Why not?