Once I felt sorry for George W. Bush (yes. I’m a punk). It was during one of the 2000 election debates. Opponent Al Gore noted how he supported hate crime legislation and pointed to the 1998 James Byrd, Jr. lynching, a black Texan whose ankles were tied to the back of a pick-up truck by three white Texans; Byrd was then dragged to his death.

In 1999, then Governor Bush was lobbied by Renee Mullins, Byrd’s daughter, to support hate crime legislation that was named after her father. Bush punted and the legislation never had a chance. When this was brought up in the debate, Bush had a look of someone who didn’t understand what was being asked. And for a quick moment he flashed angry confusion.

”The three men who — who murdered James Byrd. Guess what’s going to happen to them? They’re going to be put to death,” Bush responded. “A jury found them guilty and — it’s going to be hard to punish them any worse after they get put to death.”

Yes then candidate Bush was a bit off on the details (only two of the defendants were given death sentences; the third was sentenced to life imprisonment), but his overall point was fair. In Texas, death is the ultimate penalty for murder. Would a hate crime law had made much of a difference in the punishment of Byrd’s murderers?

This question I keep coming to when it comes to hate crime laws. I understand why they exist. Crimes based on difference—be it race, gender, sexuality, or national origin—are so out of bounds, that as a community we need to let people know they will not be tolerated. But aren’t all crimes by definition an affront to a municipality? Clearly there are going to be differences in legal responses (there will always be a distinction between those who kill police officers as opposed to those who murder citizens). Was the killing of Sakia Gunn any more wretched than the other sons and daughters whose blood was spilled on the streets of Newark, New Jersey?

Lots of questions this morning And maybe the trouble started by trying to make Bush into a sympathetic figure, but if crimes against gays and lesbians were sentenced to the fullest extent of the law would we want hate crime laws? Maybe it’s time to focus on that.