by Melissa Suarez

About the author: Melissa Suarez is a research associate for the Pope Center for Higher Education Policy, Research Triangle Park, North Carolina.

The killing in October 1998 of Matthew Shepard has brought to the forefront of debate the idea that a federal law is needed to protect people against “hate crimes.” Proponents want the law to punish individuals who target others because of race, sex, religion, disability, or sexual orientation.

The murder of Matthew Shepard of course is tragic. That it was likely committed with hatred for his sexual orientation is indeed also tragic. A federal law against hate crimes, however, could never be constitutional nor could it protect likely victims of such crimes.

Unconstitutional

The U.S. Supreme Court has already unanimously struck down a hate-crime law. R.A.V. v. City...