So what? Being a serial murderer could be outside the control of at least a subset of serial murderers, but that doesn't mean we don't make laws about it. Society is still built on the axiom of free will, whether it is true or not.

You're also skipping over the "systematically persecuted" part. I guess you could say the modern liberal distaste of homophobes is "systematic", but it's such a weird example to choose given the paradox of tolerance.