There are, I think, two coherent positions on hate crime laws. The first is opposition to the entire concept, its chilling effect on free speech, its undermining of the notion of equality under the law, and so on. That's my position. I oppose all hate crimes laws, regardless of the categories of individuals they purport to protect. The other coherent position is the view that hate crimes somehow impact the community more than just regular crimes and that the victims of such crimes therefore deserve some sort of extra protection under the law. The criteria for inclusion in such laws is any common prejudice against a recognizable and despised minority. The minority need not be defined by an involuntary characteristic - religious minorities are so protected - and they choose their faith. Nor need the minority be accurately idetified. If a gentile is bashed because the attacker thinks he's Jewish, the hate crime logic still applies. I disagree with this, but I can accept its coherence.

But the one truly incoherent position is that hate crimes laws are fine for all targeted groups except gays. Gays are among the most common victims of hate crimes, and straight people are also targeted for being gay even when they're not. If you're going to buy the whole concept of hate crimes, it makes no sense to exclude gays - none. Notice we need no discussion of the morality or otherwise of homosexuality. All that is being punished is the perception of someone else's identity. A straight, evangelical married man could have recourse if he was bashed because someone merely perceived him to be gay. A celibate gay man in reparative therapy could have recourse as well. So no serious moral argument can be made to distinguish the gay victims of hate crimes from other victims.