Last Sunday, thousands of gay activists exercised their right to free speech during a march from the White House to the Capitol, demanding that President Obama keep his word. Obama has promised to “end discrimination” against gays and allow them to serve openly in the military.

At the National Equality March last weekend, activists claimed, “If somebody doesn’t have equal rights, then none of us are free.” In a certain sense, these activists are right. Although it is impossible to create equality in every level of society, we as a nation must work to ensure the equality of opportunity guaranteed by our democratic principles. Take for example Bill Gates and my friend Mike. They were both born here in America into upper-middle class families.
At birth, both had an equal opportunity for success. Mr. Gates’ decisions (or luck) may have granted him an empire, but even considering their age difference, neither Mike nor Bill would be treated differently under the law. Both still enjoy the same fundamental rights to things such as a fair trial. While there are still discrepancies, understandable given the imperfect human condition, current government policy in America is blind when it comes to administering the law.

The Local Law Enforcement Hate Crimes Prevention Act of 2009, passed in the House 281-146 along with a military spending bill, grants individuals special rights based on their sexual behavior. Individuals with any of the 547 forms of sexual deviancy or “paraphilias” listed by the American Psychiatric Association would be specially protected under federal law. For example, if an exhibitionist exposed himself to a woman and she responded by slapping him, as many would, he would have committed a misdemeanor and she a felony. This hate crimes legislation is awaiting vote in the Senate.

The bill, H.R. 1913, has the right intention but is critically misguided. It brings up the case of Matthew Shepard, a gay college student murdered at the University of Wyoming. Although direct correlation between the murder and Shepard’s homosexuality is under debate, the murder did spark legislative initiatives against hate crimes throughout the country. This legislation is intended to protect gay individuals from crimes against them. But in actuality, it creates a special class of citizens specially protected under the law. Furthermore, these protections come at a cost to individuals who are not protected.

Consider this clarification given by Texas Rep. Louie Gohmert: “It could include urophilia (sexual arousal associated with urine), voyeurism. You see someone spying on you changing clothes and you hit them — they’ve committed a misdemeanor; you’ve committed a federal felony under this bill.” That sounds extreme, but even the amendment offered by Rep. Steve King, D-Iowa, to exclude pedophilia was rejected.

Moreover, simply speaking out against any one of these protected categories could make you a felon. If your words influence someone who acts against a protected group, you could be tried in federal court. In short, these protected groups would receive elevated protection under the law, before children, seniors, veterans and churches. If the hate crimes bill passes in the Senate, it will certainly mean the subversion of equality.