As I have reported here, here, and here, many conservative Christian groups are concerned about the passage of H.R. 1913 (referred to the “Matthew Shepard Hate Crimes Bill”) that would add “sexual orientation” to the list of protected statuses enjoying federal protection. Matt Barber, director of cultural affairs with Liberty Counsel and associate dean with Liberty University School of Law, provides an analysis of the April 28 Senate version, S. 909, here. Writes Barber:
To the express exclusion of other identifiable groups – including veterans, the elderly and the homeless – S. 909, in its current form, would grant special federal resources and preferred minority status to pedophiles, homosexuals, cross-dressers and – as Democratic sponsor Alcee Hastings recently admitted on the House floor – a host of other APA recognized “sexual orientations” (i.e., deviant sexual fetishes and perversions).
Not only is this legislation constitutionally dubious on First Amendment grounds, and a prima facie violation of Fourteenth Amendment required “equal protection of the laws;” it also flies in the face of the Tenth Amendment, which explicitly limits the federal government’s authority in such matters to those powers delegated by the U.S. Constitution.
