The emotional dimensions of lesbian and gay law for hate crime reform

Abstract

“Hate crime” has become an important focus in \ncontemporary lesbian and gay politics. This article \nexplores an aspect of this resort to law that has not been \naddressed in the sexual politics of “hate crime”—the \nemotional investments that are being made in and \nthrough this demand for law. Recognition of the emotions \nunderscoring a demand for law challenges the \nfoundational assumption about the nature of law—that it \nis quintessentially associated with reason and rationality. \n A key theme within the hate crime canon is the \ndemand for enhanced penalties attached to existing \noffences when those offences are motivated by hatred \nproscribed by law. The author argues that the gay and \nlesbian demand for law reform feeds a law and order \npolitics of retribution and revenge that may be \nimplicated in the promotion, institutionalization, and \nlegitimation of hate. The author does not intend, \nhowever, to dismiss the turn to “hate” or “bias” crimes \non the basis that they will be ineffective or destructive \nof social cohesion. Instead, he hopes to draw attention \nto the complex and contradictory nature of the \nrelationship between sexuality, state, and violence in \norder to contribute to a debate that will query the \nalliance that lesbians and gay men are making with law \nand order.

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