Two arguments against punishing hate

Last month four men gang raped a woman in California while "taunting her for being a lesbian." Authorities are calling it a hate crime. If convicted, should the men do extra time for hate?

Pro-hate crimers will argue that "hate" is just an aspect of motive, which of course matters in charging and sentencing. But that's because motive usually shows what kind of person the defendant is. Jealous husband, butterfingers, or stubborn sadist? It matters when you're deciding whether to kick someone out of the neighborhood.

But discerning whether these rapists are homophobes? First of all that's not important compared to other motive questions, like whether it was an accident. Second, let's be practical: most people who gang rape strangers are probably homophobes. Rapists are not all "it is so beautiful when two women fall in love and raise a cat together!" Whether these men raped a woman because they hated her gayness, or raped a woman in addition to hating gay women, they're equally dangerous and equally foul minded. No excuse to lock one group up longer.

Also, rapists shouldn't be held to a higher standard than the state is. As long as California gets to discriminate in their laws against lesbians, criminals should get to discriminate in their rapes.