Michelle Chen, among a few others, wrote recently about the opposition among LGBT and queer people, particularly those of color, to the further expansion of US hate crimes laws: http://www.racewire.org/archives/2009/08/do_unto_others_the_moral_slope.html.  To quickly summarize their argument… given the unequal application of the law, namely the racial inequality in the criminal justice and legal systems, why should we further contribute to the power the law has in terms of incarceration.  Furthermore, given our increasing awareness of the physical, emotional, and sexual violence that transgender people face in prisons, why would we want to put more transphobic in prison for longer periods of time.  Just for clarity sake, I should note that the recent discussion in Congress is about the Matthew Shepard act, which would expand federal hate crime laws to include sexual orientation and gender identity and expression.

Chen et al.’s argument is not to be taken lightly.  Like with...