Slayings could revive South Carolina hate-crimes debate

The Charleston church massacre could revive efforts to pass a South Carolina hate-crimes law, some legislators say.

But such a proposal faces a tough uphill climb in a General Assembly that has not been sympathetic to the idea in the past.

South Carolina lawmakers have tried – and failed – several times to pass a state hate-crimes law. But an advocate says he wants the General Assembly to revisit that debate after nine black Americans were shot and killed in a historical Charleston, S.C., church last week.

Police have charged a white Richland County man, who allegedly posted racist rants online and made racist comments to the church members, with those shootings.

A state hate-crimes law would send a message that “this kind of behavior will not be tolerated by anyone” toward anyone – regardless of their race, religion or culture, said state Rep. Seth Whipper, a Democrat.

“That’s the essence of America, that you are free to be who you are,” said Whipper, an attorney who has tried more than once to get a hate-crime law passed. “We tolerate differences.”

A state hate-crimes law has been suggested before by others. After a white Columbia teen was beaten brutally by a group of black American males, for example, some called for a state hate-crimes law.

Advocates say a state hate-crimes law would ensure heavier penalties for defendants convicted of crimes that were proven to be motivated by hate.

But the legislation has gone nowhere in the past. In part, that is because opponents see it as an example of unnecessary legislation that duplicates already existing state penalties.

For example, Dylann Roof, 21, who is charged in the Charleston church slayings, already could face the death penalty if convicted of state murder charges.

“We have no shortage of pretty severe penalties built into our law already,” said Senate Judiciary Committee chairman Larry Martin, a Republican.

State law is designed to deal with crimes in a fair way without the need for additional punishments for hate crimes, Martin said. While saying he would be willing to review existing state law, Martin added there is leeway in existing law for a judge to express the outrage associated with crimes in setting sentence.

“Anybody that commits murder has hate in their heart anyway,” Martin said. “It doesn’t matter if it’s motivated out of color, if it’s motivated out of religion, if it’s motivated out of greed – it’s hate.”

Attempts to pass a South Carolina hate-crimes law have failed because “it’s been assigned to the category of a liberal pursuit,” Democrat Whipper said. “A lot of the Republicans think that that’s just something for liberals.”

Earlier this year, Whipper filed a bill that would make it a felony to “assault, intimidate, or threaten a person because of his race, religion, color, sex, age, national origin or sexual orientation.” A conviction could lead to a fine of $2,000 to $10,000 and between two and 15 years in prison, or both.

But it’s unclear whether lawmakers have any appetite for Whipper’s proposal.

“There’s been, in the past, an attitude of murder is murder, rape is rape – all of those things are there, and we have adequate (penalties)” said South Carolina victims advocate Laura Hudson.

A state hate-crimes law likely would not affect Roof, who already faces nine charges that carry the death penalty. “Are we going to kill you twice because it was a hate crime?” Hudson asked rhetorically.

Whether to add a state hate-crimes laws is a political question, not a punishment question, Hudson said. “Do we want to do it from politics and as a statement of saying, ‘Hate exists,' or is it really something that is going to help in the courts?”

But some say a hate-crimes law could have an effect.

“It’s important to be able to charge people with a hate crime, but it’s also important for public officials to take a stand,” saying that hate will not be tolerated, said Sue Berkowitz, with the South Carolina Appleseed Legal Justice Center.

This story was originally published June 25, 2015 at 9:21 PM with the headline "Slayings could revive South Carolina hate-crimes debate."