Reasons for not supporting hate crimes legislation
Baker discusses the reasons he has not supported hate crimes legislation, but he is also very concerned about the fact that the courts have not ruled that homosexuals are covered by existing laws. He ends this passage by discussing other social justice issues that interest him.
Citing this Excerpt
Oral History Interview with Quinton E. Baker, February 23, 2002. Interview K-0838. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
But the primary issue that we are getting at is,
that it is not that I don't think, for instance—I
think that the issues that are very important to fight for within the
gay community are issues that give people the same rights and
protections that everybody else [has] What I think we really ought to
fight for, which nobody seems to want to do in this country, is the
equal protection under the laws thing. So, that all laws that apply to
any residents or citizens are applied equally to everybody else. Thus,
you don't need new laws, for instance to—
- CHRIS McGINNIS:
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Oh, interesting.
- QUINTON E. BAKER:
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You wouldn't need new laws that give us permission to
marry.
- CHRIS McGINNIS:
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You use what is on the books?
- QUINTON E. BAKER:
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You use what is on the books, because, the constitution guarantees equal
protection. But, no one, including the Supreme Court, is willing to
enforce the equal protection laws.
- CHRIS McGINNIS:
-
So, were you against a hate crimes bill, because you would rather enforce
the laws that are on the books and make sure that that happens? Or would
you recognize that they are not going to so maybe a hate crimes law
would be necessary.
- QUINTON E. BAKER:
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Well, hate crimes laws simply point out that we need to do; we need to
enforce the laws equally. Since we don't do that, we create
another law, which we don't necessarily enforce. [Laughter]
- CHRIS McGINNIS:
-
Right, there is no guarantee that it will be enforced once it is
passed.
- QUINTON E. BAKER:
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So, we have hate crimes laws that have loop holes, in some instances it
is used, but anything that will protect people's rights,
protect people's safety and livelihood, I support. I am just
saying, we really don't need to create all of the new laws
that we do to protect us, if somebody would simply give us an
interpretation and an enforcement of the equal protection under the
laws. For instance, if they enforce equal protection under the laws, you
would not need laws that permitted people of the same sex to marry.
Because we have the same rights as anyone else, under there. But,
because—
- CHRIS McGINNIS:
-
Unfortunately, recently there are have just been recent laws that have
just made a statement that it can't happen. 2
2 Chris is referring to the federal law the "Defense of
Marriage Act" passed in the mid 90s which defines a
marriage as a union between a man and a woman, patently
excluding gay men and lesbians from marriage
- QUINTON E. BAKER:
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Okay, so they are creating special laws to keep us—
- CHRIS McGINNIS:
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To exclude—
- QUINTON E. BAKER:
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To exclude us. Though the Constitution and the Supreme Courts are not
saying those laws are unconstitutional because you can't
create laws to exclude American citizens from protection of other laws.
So, I think, long story short, I support fighting for those kind of
laws. I think that the fact that though we have built a household
together, though we have all of these things and it would never happen
because I know his parents very well, but Ron's parents, if
something happened to him, could walk in here and
demand—there is no protection here for us.
- CHRIS McGINNIS:
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Demand—to take his things, or demand to take over medical
decisions, or you name it, because you don't have rights as a
spouse.
- QUINTON E. BAKER:
-
That's right, I don't have rights as a spouse. If
he goes to the hospital, I would probably be admitted because our doctor
knows our relationship, he would insist that I be allowed there, but
outside of that environment, I have no rights, I have no rights
whatsoever. I think those are issues that definitely need to be fought
for. And it is just a question of where the energy, where you put your
energy. At the same time, and the reason I say, where you put your
energy—at the same time—and the reason I say where
you put your energy, I understand also that there are, much of my energy
and efforts goes into trying to help people understand and how to create
healthy communities. How to create environments in which people can be
healthy. How to create adequate access to healthcare, if you are poor
and so it is a way of where you spend your time.