Mean Mr. Mustard: It does not matter what "I" consider religious hate crime, it's what is permissable under the law.
Hate crime is a VERY serious offense in my state (NJ), owing to the large Jewish population who sponsored much of the legislation. "We" practically wrote the book on it. The Anti-Defamation League is/was a HUGE influence.
And yes, it is freedom of speech issue but NO, you cannot stand outside a religious establishment barking at people who are peacefully attending services, ESPECIALLY when you deliberately target their "holy day(s)."
The shenanigans that Rick gets away with up in Mass., would never fly here. He'd be lead away in handcuffs. And I personally would be glad for it. Like it or not, people have a constitutional right to freely assemble for worship, period.
There are pluses and minuses to having a large, forceful, politically active Jewish population in your midst. We end up with special interest laws that apply to ALL, sometimes for better, sometimes for worse. Strict religious hate crime laws are a result.
BTW, I'm less than an hour out of Manhattan, the most ethnically, religiously diverse place on the globe. Ever wonder why there were no bias attacks against Muslims in NY/NJ after 9/11? Well, there you go. The laws that progressive Jewish folks pushed for, protect the Muslims, too.
~Sue
... Here's a few:
N.J. Stat. § 2C:44-3
Provides that a court may enhance penalty for crimes committed "with a purpose to intimidate an individual or group because of race, color, gender, handicap, religion, sexual orientation or ethnicity."
N.J. Stat. § 2A:4A-43.2
Provide for penalty enhancement for offenses if committed by an adult would constitute bias-motivated violence and intimidation.
N.J. Stat. § 2C:33-4
Enhances penalty for harassment offenses committed "with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity.