In an email, Boehner spokesman Kevin Smith told CBS News that Boehner "supports existing federal protections (based on race, religion, gender, etc) based on immutable characteristics."
CBS was quick to state that gender is not currently listed as covered among hate crimes. The GOP claims this legislation amounts to prosecuting "thought crimes."
Northeastern University professor Jack Levin said the following about Boehner's stance:
"[...] to use immutability as a criterion doesn't make any sense at all. Especially if he supports the current stand. Religion is clearly not ascribed. It's not built into the organism. People can change it at any time and people do.While much research indicates that homsexuality is not a choice, but a biological condition, conservatives tend to ascribe to the belief that it is a choice. Nevertheless, it's hard to understand Boehner's contention that religion is immutable.
"It sounds to me as though the criticism is focused on the addition of gays and lesbians to the list of protected categories at the federal level. That seems to be the problem."
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