No, no he can't. You clearly do not understand hate crime legislation. I am not gay. If the Matthew Shepard Act became law, and someone calls me a fag, and t

No, no he can't. You clearly do not understand hate crime legislation. I am not gay. If the Matthew Shepard Act became law, and someone calls me a fag, and then beats me up, such a case would STILL be prosecutable under hate crime legislation, because of the INTENT, not because of the actual target. They would be perpetrating a hate crime, because they are trying to beat me up because they think that i am gay, regardless of how good they are at actually determining whether or not i am actually gay. If someone beats up a gay guy, unless there is SOME evidence that they were beaten up because they were gay, a prosecutor should not be able to bring hate crime charges (this is why we have grand juries after all).