It would be retributive, if it allowed a more severe penalty than those imposed in its absence. But as I understood Charles' argument, this is not the case, e.g. a murderer will still get the death penalty or a life sentence even in the absence of the hate crime legislation. That prompted my inquiry, because it seems that writing hate crme legislation into law is not a very effective way of stopping hate groups.
A better way would be declaring certain groups, such as the Nazi party, the KKK, and the assorted militias as criminal (as the Nazi SS had been) and punishing membership or advocacy on behalf of them. My only concern is that, knowing the people who call themselves the government in this country, groups like this one would soon get similar treatment.
wojtek