For the second time this session, conservative lawmakers have rejected legislation to enhance penalties for crimes motivated by hate. The House Law Enforcement Committee split 7-4, largely along party lines Friday, to kill House Bill 50.

HB50 would repeal Utah's ineffectual 1991 hate-crimes statute and enhance penalties for crimes motivated by bias or prejudice against Utahns because of their "race, color, disability, religion, sexual orientation, national origin, ancestry, age or gender." The draft law also states, "this section does not create any legal status or right not already in existence in statute or common law."

Disputing the recycled arguments that have killed the legislation in the past, sponsoring Rep. David Litvack, D-Salt Lake City, tried to appeal to his colleagues' sense of logic.

"This bill does not punish thought. It does not punish speech. It does not create any type of new right or enhanced status of any group," Litvack said. "There's not one person in this room who is not covered."

Greg Zenger argued that's not the case. He held up pro-Amendment 3 signs he posted during the 2004 election campaign that were spray-painted with swastikas. "Where is my protection?" he asked.

But Board of Pardons Chairman Mike Sibbett said lawmakers have abdicated responsibility for enhancing penalties for heinous crimes to the group of people who review inmates' sentences as they come up for review. Sibbett said he has been sued for refusing to release criminals whose crimes were motivated by hate.

"I've sat in judgment of those that have violated the laws this legislative body passes. Some would suggest that murder is murder. That's not so," Sibbett said. "It is beyond my comprehension why there has been such reluctance of this body over the years to pass hate-crimes legislation."

Republican lawmakers rejected Sibbett's argument that all crimes are not created equal.

"There's only one crime committed out of love, and that's mercy killing. All other crime is motivated by hate," said Rep. Curtis Oda, R-Clearfield. "A crime is a crime is a crime."

Cedar City Rep. DeMar "Bud" Bowman was the only Republican on the panel to vote in favor of the bill. Similar legislation failed in a Senate committee last week.