OPINION:
On the facade of the U.S. Supreme Court is carved a simple but profound phrase: Equal Justice Under Law.
The phrase and its placement state something we all know instinctively. The essence of justice implies that everyone has equal justice under the law and that nobody is above the law.
Recent experience, however, has convinced me that our nation’s hate crime laws, together with the Freedom of Access to Clinic Entrances Act, or FACE Act, promote neither equal justice nor impartiality. These laws have since been used by the radical left to punish dissenters and protect their allies and, therefore, must be repealed.
How can any New Yorker or, for that matter, any American fail to be disgusted by Gov. Kathy Hochul’s hypocrisy concerning the application of New York’s hate crimes law? The recent desecration of St. Patrick’s Cathedral is infamous. Video evidence shows transgender activists tricked administrators at St. Patrick’s so they could use that sacred space “stage” to honor an atheist, transgender prostitute by engaging in blasphemous actions that mock Catholic beliefs and the “very essence of a funeral Mass.” Ms. Hochul, a Catholic, has said nothing and done nothing.
Yet Ms. Hochul reacted very differently when informed of a similar incident at an Islamic center a week later. In that case, Ms. Hochul took to X to let the world know that she was “deeply disturbed” and that “anyone harassing members of the Muslim — or any other — community based on faith must be held accountable.” She promptly directed the New York State Police Hate Crime Task Force and the state’s Division of Human Rights to offer support.
Ms. Hochul’s actions make a mockery of equal justice under the law.
And Ms. Hochul is not alone. In the days following the desecration of St. Patrick’s, I sent a letter to New York Attorney General Letitia James and District Attorney Alvin Bragg asking them to investigate the travesty at St. Patrick’s, pointing out it has the hallmarks of a hate crime. But neither has responded or taken any action.
It gets worse. Consider the one-sided use of the FACE Act under the Biden administration. Since May 2020, Catholic churches have suffered more than 400 violent attacks involving arson that damaged and destroyed historic churches, spray-painting and graffiti of satanic messages, rocks and bricks thrown through windows, and statues destroyed, often with heads cut off.
There have also been over 88 attacks on pro-life pregnancy centers in that same period, including firebombings, arson, vandalism, and threats spray-painted on buildings, such as “if abortions aren’t safe, then neither are you.” The illegal actions have resulted in significant damage and created an environment of fear where Americans should feel protected.
These crimes against places of worship and pro-life organizations violate federal law, specifically the FACE Act. Yet only one case that we are aware of has been prosecuted.
Meanwhile, Mr. Biden’s DOJ has wielded the FACE Act with its maximum penalty against pro-life advocates and people of faith — even those who clearly did not break the law, like pro-life advocate Mark Houck. Just recently, six pro-life advocates were convicted of FACE Act violations for praying and singing at an abortion clinic. Similarly, five other pro-life advocates were convicted of FACE Act violations last August. They all face up to 11 years in prison and up to $250,000 in fines — while pro-abortion activists responsible for hundreds of attacks on churches and pro-life centers run free.
The terrible lesson here is that these laws are not used to promote equal justice under the law. Instead, these laws are the radical left’s tools of choice when it comes to persecuting brave Americans who dare to stand up to its anti-life, anti-marriage, anti-family and anti-religion agenda. Americans must learn this lesson and repeal these laws now before it is too late.
All Americans are entitled to equal justice under the law.
• Brian Burch is president of CatholicVote.
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