It is easy to see how hate crimes laws could be used to silence opposition to the homosexual lifestyle. Another problem with hate crimes legislation is that all criminals operate on the basis of impure motives or hate. Criminals certainly don t act out of love for their victim. In the case of rape, it can be argued that the victim is always chosen on the basis of gender. Hate crimes laws could effectively remove rape from state prosecution and place it under federal prosecutors jurisdiction, violating the constitutional principle of federalism.
Federalism is the framework in which the federal, state and local governments co-exist.
The Constitution gives the federal government specific responsibilities, such as declaring war and regulating trade, but all other responsibilities remain with the states. The Tenth Amendment makes this clear. Punishing criminals, like thieves and murderers, is primarily a state responsibility. By contrast, federal hate crimes laws appear to be part of a trend to federalize crime. If passed, their enforcement would require aggressive use of federal resources.