State-Level Advocacy OVERVIEW OF STATE HATE CRIMES LAWS
The Hate Crimes Prevention Act was a groundbreaking new law, but it is neither perfect nor fail safe. Criminal prosecutions are traditionally and still overwhelmingly a state issue, and many state and local law enforcement officials would welcome additional tools to bring perpetrators to justice. State-level advocacy to pass hate crimes laws is still necessary in order to ensure that all hate crimes are prosecuted fully. To date, states have addressed the problem of hate crimes in a variety of ways. Forty-five states and the District of Columbia have enacted hate crimes laws that differ in scope and mechanics. Some create sentencing enhancements for hate crimes perpetrators, while others criminalize hate crimes. A map of these hate crimes laws can be seen on page 17. Also, note that five states do not have a hate crimes law at all.1 There are considerable differences in the enumerated classes protected by state hate crimes laws. Currently, only 30 state statutes — plus the District of Columbia — include sexual orientation-based hate crimes; 15 states and the District of Columbia have laws that cover gender identity- or expression-based hate crimes. State legislatures have taken two approaches to covering gender identity and expression in hate crimes statutes. Of the 15 states that include coverage of gender identity or gender expression, four have done so by defining sexual orientation to include an individual’s gender identity or expression.2 Although the Human Rights Campaign advocates enumerating gender identity or expression separately from sexual orientation, it is clear that the four state laws that use an expanded definition of sexual orientation are designed to achieve the same end and should be vigorously enforced. Law enforcement training, data collection and the reporting of data on hate crimes are also key to addressing hate crimes at the state level. Only 14 states provide for specialized law enforcement training in preventing, identifying and responding to hate crimes. Only 30 states and the District of Columbia provide
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The five states without state-level hate crimes laws are Arkansas, Georgia, Indiana, South Carolina and Wyoming. Georgia’s law was struck down by the state Supreme Court but the state is considering new laws that would reinstate punishment of hate crimes. These states are: Colorado, Maryland, Missouri, and Oregon.