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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://citation.allacademic.com/meta/p177726_index.html Direct Link: HTML Code:

Zylan, Yvonne. "Passions We Like...And Those We Don't: Hate Crimes Legislation and the Discursive Construction of Sexual Identity" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p177726_index.html>

Zylan, Y. , 2007-07-25 "Passions We Like...And Those We Don't: Hate Crimes Legislation and the Discursive Construction of Sexual Identity" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p177726_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: Over the past decade, many jurisdictions have enacted legislation specifically addressing crimes committed out of “bias” or “hatred” toward members of identifiable social groups, including lesbians and gay men. Bias crime statutes typically include enhanced criminal sanctions or enforcement mechanisms, and are justified by legislatures and activists on the grounds that (a) such crimes pose a unique social problem and/or (b) such crimes pose a greater social danger than similar crimes perpetrated in the absence of group-specific motivations. Serious questions exist about whether these claims are supportable on retributivist, utilitarian, or expressivist grounds. In this paper, I focus on one small corner of the hate crime laws debate: retributivist arguments offered in support of the application of hate crime statutes to offenses committed “because of” the victim’s sexual orientation. I argue that the application of the bias crimes model to crimes committed against gay men and lesbians illustrates certain latent tensions in the social and political justifications for hate crime statutes embedded within that model’s murky conception of motivation (i.e., its causation requirement). Examining textual evidence of how courts and legislatures understand the nature of passion as it operates in anti-gay hate crime, I contend that the claims advanced by gay and lesbian movement activists on behalf of legislation designed to detect and punish crimes motivated by anti-gay animus cohabit uneasily with existing discursive constructions of gayness as a source of social identity. These tensions are brought into sharp relief by the so-called “homosexual panic” defense, which is frequently raised to counter allegations of anti-gay criminal conduct. The homosexual panic defense plays on the unsettled nature of the claims leveraged by gay men and lesbians on behalf of recognizing gayness as a distinct and honorable source of identity and uncovers a fundamental inconsistency in the justificatory framework that has been developed on behalf of hate crime legislation. Moreover, it points toward an even deeper problem embedded within the mechanism of bias crime punishment: the reinscription of certain social binaries that, I argue, create the impetus for such crimes in the first place.

Expansion, Dilution, and Disparity in Hate Crime Legislation and Prosecution

Disability Hate Crime: Evaluating the Development of Hate Crime Legislation in the United Kingdom

Hate Crime Legislation in Indiana, Kentucky and Ohio: A Regional Analysis

Divergent Sexualities: Crimes of Passion, Crimes of Prejudice