If it Quacks Like A Duck...

The Herald Dispatch have printed an article reporting that West Virginia prosecutors are asking the state Supreme Court if they can charge former Marshall University running back with a hate crime:

"Cabell County wants the court to decide whether state code embodies a protection of an individual’s civil rights if the volatile act is based solely upon said person’s sexual orientation.

The statute itself states, “All persons within the boundaries of the state of West Virginia have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation or sex.”

Prosecutors allege the violation is for the victim’s sex, not sexual orientation, claiming Butler would not have punched the two men had they been women, or one had been a woman.

Circuit Court Judge Paul T. Farrell wants the Supreme Court to answer whether sexual orientation is encompassed under sex."

It's an iffy call, but who knows, maybe for once, justice will be served... but I wouldn't hold my breath, then again, my home state has surprised me before.