Flag burning-- per se-- is not a crime in the United States.
One can set Old Glory aflame with impunity, to hell with the hundreds of
thousands who have given their lives for it and the millions who have in other
ways sacrificed for what it represents. Like our First Amendment rights, which permit
flag burning as part of the protection of free speech in general.
However,
burning an LGBTQ
flag is apparently beyond the pale, not
only illegal, but a “hate crime,” as it also ignites the indignity of Rainbow
Warriors everywhere. An Iowa man was sentenced to 16
years in prison on Wednesday, December 18th-- for burning a “rainbow
flag.” Adolfo Martinez took a gay pride flag from outside a church and set it
on fire. NBCNews reported that he was given “15 years for the hate crime of
arson” and “a year for reckless use of explosives or fire.” And an additional
“30 days for harassment” for good measure. Arson isn’t a hate crime. Unless
your target is a member of the LGBTQ community or other group that tends to
vote Democratic.
Ames
Church of Christ Minister Eileen Gebbie told KCCI television: "Nobody got
shot (and) nobody was sexually assaulted. It was a banner. How much does that
hurt? But I had to reflect on the fear it created in our sanctuary. People
became afraid to go to church.” Was Minister Gebbie allowed to influence the
length of Martinez’ sentence? It sounds like it, but I didn’t find a report
that makes that clear one way or another. The prosecutor, Story County Attorney
Jessica Reynolds, said of Martinez, "I believe him to be very dangerous. That's
why my office recommended the maximum sentence." The judge agreed to the
sentence, making Martinez the first person in Story County history to be
convicted of a hate crime.
The
U.S. flag’s colors are red, white and blue. Blue for justice. White for purity.
Red for the blood her citizen patriots have shed to defend her principles. If
one can burn the nation’s red, white and blue banner with no repercussions, the
same should be the case for an identity group’s pastel one.
December
18th was certainly not a banner day for the American justice system.
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