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The entire push for federal "hate crimes" legislation is rooted in fraud. In fact, many of the most high profile reports have turned out to be false. For example, investigators determined that the very "hate crime" (Andrew Anthos in Michigan) exploited by liberal lawmakers to justify the same legislation in the last Congress, was a false report. It never happened. And instances of such fabricated and politically motivated "hate crimes" continue to pile up.

So, if proponents of H.R. 1913 are neither justified nor motivated by an actual need for the bill -- as clearly demonstrated -- then what drives them? The answer is twofold. First, passage of "hate crimes" legislation would place the behaviorally driven and fluid concepts of "sexual orientation" and "gender identity" on an equal footing with legitimate, neutral and immutable "suspect class" characteristics such as skin color or a person's true gender.

This creates both a sociopolitical and legal environment wherein traditional sexual morality officially becomes the new racism. Those who publically express medical, moral or religious opposition to the homosexual lifestyle are tagged by the government as "homophobic bigots" to be treated no differently by law enforcement, the courts or larger society than the KKK or neo-Nazis.

In short, this bill places newfangled "gay rights" in direct conflict with our enumerated constitutional rights. It becomes the first step in the official criminalization of Christianity. It's a zero sum game and someone has to lose. Ultimately, what we lose are our First Amendment guaranteed rights to freedom of speech, religious expression and association.

But the threat is not just some shadowy phantom looming in the near future. It's a clear and present danger. While debating the notion of "conspiracy to commit a hate crime" in the last congress, Artur Davis (D-AL) admitted that the legislation could be used to prosecute pastors for merely preaching the Bible under the concept of "inducement" to violence.

Furthermore, under existing criminal statute if H.R. 1913 becomes law, actual violence or injury need not take place for a "hate crime" to occur. For example, if a group of Christians are at a "gay pride" parade and a one of them gently places his hand on a homosexual's shoulder and shares that there is freedom from homosexuality through a relationship with Jesus Christ, then, voila, we have a battery and, consequently, a felony "hate crime."

But the Christian needn't even touch the homosexual. If the homosexual merely claims he was subjectively placed in "apprehension of bodily injury" by the Christian's words then, again, the Christian can be thrown in prison for a felony "hate crime." The FBI has included mere words -- "insults" and "intimidation" -- in calculating "hate crimes" statistics and -- under the current political regime in Washington -- there's every reason to believe they'll subjectively consider "insults" and "intimidation" (read: traditional sexual morality) for purposes of prosecuting "hate crimes."

Yes, it's a brave new world and with H.R. 1913 -- among other things -- a once free America has moved, both literally and figuratively, a quarter of a century beyond Orwell's 1984.

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Matt Barber is Director of Cultural Affairs with both Liberty Counsel and Liberty Alliance Action. He also serves as Associate Dean of Liberty University School of Law and co-hosts the nationally syndicated "Liberty Live" talk radio program on AFR Talk. Send comments to Matt at jmattbarber@comcast.net. (This information is provided for identification purposes only.)

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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