He noted a hate crime law in Wisconsin, which includes classifications, was upheld in 1993 by a unanimous U.S. Supreme Court. In that case, a group of black citizens who attacked a white man after watching the film "Mississippi Burning" had been charged with a hate crime.

Sylvia Haro, testifying on behalf of the Utah Republican Hispanic Assembly, told the story of someone who was permanently disfigured after he was skinned and shot because he was Hispanic.

Sonia James, a black LDS woman, said Taylorsville police never investigated when someone vandalized her car, leaving feces inside, and painted her house with racist graffiti. If the hate crimes bill had been in place, maybe police wouldn't have brushed the incident off as a teenage prank, she said.

The incident prompted her move to Sandy, she said. More recently, James and neighbors were targeted by racist fliers.

After the hearing James, with tears in her eyes, said, "I am shocked. . . . They (lawmakers) don't understand, they haven't been inflicted."

Gayle Ruzicka, president of Utah Eagle Forum, said she'd be opposed to the hate crimes law even if it didn't include sexual orientation, because it could belittle victims who don't fit into a category. "I don't think the penalty should change based on against who the crime is committed," Ruzicka said.

However, much of the public testimony against the bill expressed concern that it would create a society in which public schools are forced to teach that homosexuality is OK.

Jonas Rodriguez said he wants to be able to teach his son that "homosexuality is not a good way to be."

Co-sponsor and committee member Sen. Greg Bell, R-Fruit Heights, suggested adding an amendment to specify that the bill is limited to enhancement of criminal acts.

When questioned about gay rights, Paul Boyden, executive director of the Statewide Association of Prosecutors, said: "The state of Utah already made a huge distinction under Amendment 3. . . . I'm pretty sure this will be limited to the function of statute."

Voting to pass the bill were Sens. Patrice Arent, D-South Cottonwood; Bell; and Mike Dmitrich, D-Price. Voting against the bill were Sens. Madsen; Al Mansell, R-Midvale; David Thomas, R-South Weber; and Chairman Chris Buttars, R-West Jordan.

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E-mail: dbulkeley@desnews.com