Current Hate Crime Law in the United States

The Matthew Shepard Act and Other Legislation Against Homophobia

May 10, 2009

Hate crime legislation gives some protection against homophobic bullying and violence, but a new law would expand protection for sexual orientation and gender identity.

The Local Law Enforcement Hate Crimes Prevention Act, known more commonly as the Matthew Shepard Act, is a law that would expand federal hate crime legislation to better protect gay, lesbian, bisexual, and transgendered people. It would also increase protection for the disabled and for women, and provide support to local law enforcement to investigate and prosecute hate crimes. This act passed the House on April 29, 2009, and is currently pending in the Senate Judiciary Committee.

Current Hate Crimes Protection for LGBT People

Current federal law does provide some protections for gays, lesbians, and bisexuals who are victims of a hate crime, but transgendered people are notably excluded from the remit of the law. Federal sentencing guidelines require aggravated penalties for federal crimes committed on the basis of actual or perceived sexual orientation, but not gender identity. The Attorney General is also required to collect data on sexual orientation-motivated hate crimes, and campus security authorities are required to collect and report similar data.

There are separate protections at the state and local level, which in some cases expand protections to transgendered people. Thirty-two states have hate crimes legislation that covers sexual orientation, and eleven states cover gender identity. Among those states that cover sexual orientation in their hate crime laws, sixteen mandate data collection and fourteen include training provisions for law enforcement.

Elements of Hate Crime Legislation

In order for legislation to be effective, there are a number of elements that must be considered. One element is aggravated penalties—how many crimes are covered, and what motivations trigger an increased penalty for a hate crime? Aggravated penalties may act as a deterrent, but other provisions are needed to increase effectiveness of investigation and prosecution. This is where training, funding for local law enforcement, and other types of support come in. Finally, data collection is necessary to understand the scope of the crime, and can be helpful also as a tool in encouraging the passage of other legislation because it shows the prevalence of hate crimes. The Matthew Shepard Act strengthens hate crime legislation in all these areas.

The Matthew Shepard Act

The 2009 version of this act focuses principally on expanding the definition of a hate crime and increasing federal support to local authorities. In terms of the definition, it removes the current requirement that hate crimes be committed while the victim is exercising a certain right such as going to school or serving on a jury, and it also expands hate crimes to include crimes motivated by gender, disability, sexual orientation, or gender identity. Though sexual orientation was already protected in some areas, this act expands protections to all areas of hate crime law.

The act also includes various provisions for federal support in the context of local investigations and prosecutions. This includes funding and investigative support, and allows federal authorities to act in cases where state and local authorities are unable or unwilling to fully investigate and prosecute hate crimes. In addition to these support provisions, the act expands the data collection requirements to include information on hate crimes motivated by the victim's gender identity.

If this act becomes law, it will significantly increase local authorities' ability to investigate and prosecute hate crimes against LGBT individuals. It will also ensure that accurate information is available concerning hate crimes against transgendered people.

Violent Crime Control and Law Enforcement Act of 1994, 28 U.S.C. § 994, note sec. 280003

The copyright of the article Current Hate Crime Law in the United States in Gay Rights & Law is owned by Judith Faucette. Permission to republish Current Hate Crime Law in the United States in print or online must be granted by the author in writing.

May 10, 2009 5:08 PM

Guest :

I honestly cannot make up my mind on the subject of hate crimes legislation. The opposition does contain a huge number of religious nutballs, but they tend to drown out those who have legitimate problems with this kind of legislation, and there are rational reasons to question the wisdom of passing such a bill. At the same time, there are numerous valid reasons to support such a bill. I'm having trouble working through this. Click on the link and let me know what you think.

http://radicalrationalist.wordpress.com/2009/05/07/weigh-in-the-matthew-s hepard-act/