Hanging a noose could become a hate crime in Maryland under a proposal by some lawmakers who say nooses have replaced white hoods and burning crosses as symbols of racial intimidation.
Lawmakers debated two bills Wednesday in a House of Delegates committee meeting, at which some legislators said adding nooses to hate crimes could violate free-speech rights. Supporters cited a noose hanging on the University of Maryland College Park campus in September and a noose left with a threatening note in a Baltimore City firehouse in November.
“These are hurtful, intimidating acts,” said Del. Herman Taylor, a Howard County Democrat. “People are still carrying out their race and rage in the public eye.”
Bill sponsors said nooses seemto be the symbol du jour for racial intimidation. But state attorneys said limiting the scope of the legislation could create constitutional challenges, and suggested including any weapon used to intimidate a protected class.
Civil rights advocates said they support the proposal with that amendment.
“Now, when someone spray-paints the word ?faggot? on the side of a gay bar, it?s not simply an act of vandalism, but also a hate crime,” said Dan Furmansky, executive director of Equality Maryland, a gay civil rights organization.
Cynthia Boersma, the legislative director of ACLU, compared hanging a noose to terrorism.
Both recent incidents in Maryland sparked public outcry, though the noose found in the city firehouse later proved a hoax.
Lawmakers estimated 40 incidents involving a noose nationwide since three white high school students in Jena, La., hung a noose from a tree in 2006, sparking a spate of racially charged incidents in the town.
Other lawmakers said applying the change to weapons could have unintended consequences. Del. Michael Smigiel, an Eastern Shore Republican, said the proposal “stops you from thinking.”
“I get beat up all the time because I say you have a right to burn the flag,” Smigiel said. “I am a U.S. Marine and I hate the thought of burning the flag, but I?ll defend your right to do it.”
