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Gays, Lesbians, Hate Crimes, and the Law

Perhaps nothing stirs the American soul to anger and action more readily than a hate crime, especially if that crime is documented well and receives a lot of media attention. Each year this country witnesses more than 7,000 hate crimes with nearly 20 percent of those being directed at gays, lesbians, and transgender persons.

Despite the fact that hate crimes motivated by race, religion, and national origin have been vehemently opposed by the law for decades, until recently only 29 states had laws that cover crimes based on the sexual orientation, real or perceived, of the victim. Added to that slight is the fact that most anti-gay violence is more oppressive and more violent than other types of hate crime. In fact, gays are more likely to die from attacks than heterosexuals because attacks against gays are almost always more violent. And the attackers who perform these crimes are less likely to be caught than they are for other types of hate crimes.

A giant step forward was taken in September of this year when the Local Law Enforcement Hate Crimes Prevention Act was enacted. This legislation adds hate crime stipulations to acts of violence based on sexual orientation, gender, gender identity and disability. Before this time, only persons who were attacked based on race, religion, and national origin were afforded protections under hate crime laws.

In general, hate crimes carry stiffer penalties than other types of crimes because they send a message of terror to a certain group of people. And since violence against a certain stereotype is often the result of a deep-seeded hatred for a particular group of people, hate crimes are less likely to be random acts of violence and more likely to be planned attacks. Hate crimes are also repeated crimes against a certain group. Hate crimes are directed toward people for reasons that they did not bring about and are helpless to control.

The new Local Law Enforcement Hate Crimes Prevention Act will give local law enforcement the training and tools they need to recognize and prosecute hate crimes in their communities. Contrary to what certain individuals believe and publicize, this legislation does not give gays; lesbians; transsexuals; and cross dressers the right to prosecute anyone who does not believe in their lifestyle, or who speaks out against them. This legislation will only work to prosecute and convict perpetrators of violent crimes against this group of people.

Sadly, hate laws cannot stop persecution from religious sects and groups who speak out against gays and lesbians. This hate speech is often where the seed of a hate crime is planted, just as it is within white supremacy groups who target racial minorities for their attacks. But law enforcement can only prosecute the crime - not the hatred behind it. Hopefully, with stricter penalties for hate crimes, would-be attackers will think twice before killing an innocent person based on their sexual orientation... because one crime of violence is one crime too many.

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