The Argument for Enhanced Sentencing

A defender of hate crimes legislation might reply that a crime motivated by hate is not the "same" crime at all, but a different one, warranting a different response from the criminal justice system, including the possibility of a stiffer sentence. Were the animating motive absent, the crime would not have occurred. Moreover, the criminal law routinely considers motive, as in making distinctions between murder in the first degree, homicide, and manslaughter, even though the victim is as dead in each case.

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Perhaps the best argument in favor of hate crime legislation is that such crimes are attacks not merely against an individual, but also against the entire group of which he or she is, or is perceived to be, a member. They are "message crimes," usually addressed to groups that are particularly vulnerable.

Consequently, hate crimes intimidate, degrade, and effect psychologically not merely the individual attacked, but all members of the associated group. They tear at the fabric of American society by reinforcing negative stereotypes about certain groups, and imply that some groups are legitimate targets.

Laws against hate crimes are based on the assumption that all Americans are equal and deserve equal protection. Ignoring hate crimes in the law gives the impression that the state is unmoved when groups of Americans are singled out because of a social bias against them.

In addition, having statutes against hate crimes makes it far less easy for members of the criminal justice system, including police, prosecutors, judges, and juries, to discriminate against victims of hate crimes. With the enactment of hate crimes laws, these officials are less likely to fail to take the victim seriously or to multiply the victim's injury by not investigating the crime or prosecuting the perpetrators to the fullest extent of the law simply because they share in the social prejudice against the victim's group.

Bias Crime Indicators

To determine whether a hate crime has occurred, trained law enforcement officials review factors known as "bias crime indicators," such as racial, ethnic, or cultural differences, comments or written statements, gestures or graffiti, membership in organized hate groups, and lack of other motives.

These factors suggest that the crime was not random, and that the victim was specifically targeted because of her or his race, religion, or sexual orientation, for example. Although a victim may allege a hate crime has occurred, or a prosecutor may pursue a conviction for an alleged hate crime, this is by no means a guarantee that a judge or jury will be persuaded that what occurred was not simply an ordinary crime.

Between 1991 and 2000, for example, the Department of Justice pursued only 37 prosecutions under a hate crimes law because, among other reasons, in the thousands of other cases the evidence warranting the upward adjustment of the category of crime and penalty was deemed insufficient, and a lesser crime and penalty were more likely to be prosecuted successfully.

Hate Crimes against Gay Men and Lesbians

Hate crimes based on sexual orientation are not the most frequently reported type of hate crime. Such crimes constitute about 14% of all reported hate crimes by category. However, when these crimes are violent, they tend to be particularly brutal, involving, for example, pummeling with a baseball bat, or multiple gunshot wounds, or stabbing.

Such violence may indicate that the perpetrator intends thoroughly to wipe out his victim, having targeted the gay man or lesbian for just this purpose, and for no other, and may suggest that the gay and lesbian community itself is slated for eradication.

The centrality of gay and lesbian bars to glbtq culture has been reduced in recent years, but they continue to fulfill important functions; and, in many areas, they remain the most visible manifestation of glbtq presence.

The U.S. gay rights movement has made significant progress toward achieving equality for glbtq Americans, and in the process has become more inclusive and diverse, but much remains to be done.

Violence perpetrated against people thought by their attackers to be lesbian, gay, bisexual, or transgendered occurs with disturbing frequency in the United States and other countries.

Homophobia was originally defined as a "dread of being in close quarters with homosexuals," but it is now sometimes used to describe any form of anti-gay bias.

Since the late nineteenth century, transgendered people have advocated legal and social reforms that would ameliorate the kinds of oppression and discrimination they suffer.

Although the homosexuality of French politician and Mayor of Paris Bertrand Delanoë has not been an issue in his campaigns for public service, he was targeted for assassination by a man who hates homosexuals.

The Empire State Pride Agenda, which lobbies New York governments at both state and local levels for equal rights, is recognized as among the strongest statewide glbtq political organizations in the United States.

Equality California (EQCA) is one of the largest and fastest growing statewide glbtq advocacy and civil rights organizations in the United States.

New England's leading legal organization dedicated to equal justice for glbtq individuals and families, Gay & Lesbian Advocates & Defenders (GLAD) provides litigation, advocacy, and educational work in all areas of glbtq civil rights.

The Gender Public Advocacy Coalition (GenderPAC) works to end discrimination and violence prompted by gender identification and stereotypes.

The largest glbtq political organization in the United States, the Human Rights Campaign has emerged as the leading national organization representing glbtq concerns.

The oldest continuously operating national glbtq interest group, the National Gay and Lesbian Task Force has played a significant role in the development of the glbtq movement for equal rights.

Businessman and philanthropist Jared Polis became one of only three openly gay members in Congress, and the first openly gay man elected to Congress as a freshman, when he won election to the U.S. House of Representatives in 2008.

Matthew Shepard led an unremarkable life, but his shocking death transformed him into an icon of the glbtq movement for equality.

The son of a homophobic psychoanalyst, Richard Socarides became the first openly gay man to serve in a prominent White House staff position.

Twenty-year-old Brandon Teena was brutally murdered on December 31, 1993 on account of gender non-conformity.