Minnesota state legislators are currently debating House File 181, a bill that aims to empower citizens to report perceived incidents of bias, including verbal attacks and slurs, that do not qualify as hate crimes.
The proposed legislation would create a database to track such incidents, which are currently outside the state Bureau of Criminal Apprehension jurisdiction.
However, the bill has sparked controversy and raised concerns about free speech and religious freedom. During a recent debate, Republican state Rep. Harry Niska posed hypothetical scenarios to his colleagues to illustrate the potential implications of the bill.
He asked whether wearing an "I love J.K. Rowling" shirt or sharing an article claiming COVID-19 was a Chinese bio-weapon leaked from a lab in Wuhan would qualify as bias incidents.
Democratic state Rep. Samantha Vang responded that such rhetoric could be considered "bias motivated" and thus qualify as a bias incident. However, Niska expressed concern that the focus on motivation in the bill suggested the government was more concerned about what was going on in people's heads, which he argued was protected speech and could be considered "thoughtcrime."
The debate also brought up the controversy surrounding J.K. Rowling's views on transgender individuals and biological sex. Niska asked whether wearing an "I love J.K. Rowling" shirt could be reported to the Department of Human Rights as an example of gender identity or expression bias. Vang declined to answer the question, suggesting that lawyers would better address it.
Republican state Rep. Walter Hudson warned that the bill's focus on motivation could lead to individuals being targeted for their beliefs or opinions, which he said would violate the First Amendment. Meanwhile, the bill's sponsor, Democratic state Rep. Frank Hornstein, defended the legislation, stating that it was necessary to address the rise in hate incidents in Minnesota.
Advocates of the bill argue that it will help to highlight incidents of bias and discrimination that often go unreported. "By creating a database to track these incidents, we can better understand the scope of the problem and take steps to address it," said Democratic state Rep. Jay Xiong.
However, opponents of the bill argue that it could have a chilling effect on free speech and lead to individuals being targeted for their beliefs or opinions. "We need to be careful not to create a system that punishes people for expressing their views, even if those views are unpopular," said Republican state Rep. Eric Lucero.
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