Anti-violence groups (including the National Coalition of Anti-Violence Programs) have noticed a growth in anti-gay hate crimes following the U.S. Supreme Court's 2003 Lawrence v. Texas decision that struck down laws criminalizing same-sex relationships. A subsequent spike in Alabama hate crimes based on actual or perceived sexual orientation (including the 2004 murders of Scotty Joe Weaver and Roderick George and the 2005 murder of James Oliver) has prompted further questions about the links between escalating anti-gay rhetoric by anti-gay fundamentalists and increases in attacks on lesbian, gay, bisexual and transgender (LGBT) Americans.

Media can play a vital role in determining community and law enforcement response to hate-motivated violence. In some cases, local law enforcement still places a low priority on anti-LGBT attacks and incidents. Because of this, police may not investigate the case properly or at all, may re-victimize survivors, and may be unresponsive to families and/or community members seeking information. In cases like these, fair, accurate and inclusive media coverage of the case can motivate law enforcement to better and more transparently investigate and communicate around a hate crime.

Many on the far right downplay or trivialize hate crimes. Some people, particularly many on the far right, generalize that "all crimes are hate crimes." We ask that you offer your readers, viewers or listeners the facts so they may decide for themselves whether a crime victim was targeted because of his or her actual or perceived sexual orientation, gender identity or gender expression.

Inaccurate hate/bias crime reporting can unintentionally support a "gay panic defense." Personal assaults and criminal acts may only involve a single victim, but perpetrators often intend them to send a message to LGBT people that they are legitimate targets for discrimination, abuse and violence. (In fact, the victims of some anti-gay hate crimes are heterosexuals who are thought to be gay.) Please report the specifics of a crime and its social implications based on the facts of the case.

Implying that an openly gay victim shares responsibility for being attacked, or that an attack was justified because of an unwanted romantic or sexual advance (the "gay panic defense"), often biases criminal or legal investigations.

HATE CRIMES LAWS

At this time, federal hate crimes law does not cover those targeted for violence based on their sexual orientation or gender identity. In May 2007, the House of Representatives passed the Local Law Enforcement Hate Crimes Prevention Act, which would add sexual orientation, gender, gender identity and disability to the protected classes under federal hate crimes law. A Senate vote on an identical companion bill, The Matthew Shepard Act, is expected in 2007.

In a May 2007 poll, Gallup found a strong 68% in favor of expanding federal hate crimes law to cover sexual orientation, gender and gender identity. Only 27% were opposed.

State laws on hate crimes vary considerably. Of the 45 states with some kind of hate crimes law that expands law enforcement resources and/or sentencing in cases involving bias-motivated crimes, 31 explicitly include sexual orientation as among the law's protected classes.

In 10 states (California, Colorado, Connecticut, Hawaii, Maryland, Minnesota, Missouri, New Mexico, Pennsylvania, Vermont) and the District of Columbia, hate crimes laws cover crimes based on sexual orientation and gender identity.

In 21 states (Arizona, Delaware, Florida, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Texas, Washington, Wisconsin), hate crimes laws address crimes based on sexual orientation.

In 12 states (Alabama, Alaska, Idaho, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Virginia, West Virginia), existing hate crimes laws do not cover crimes based on either sexual orientation or gender identity, although they do cover crimes against other identified groups.

Georgia and Utah do not specify any protected classes in its hate crimes laws, rendering uncertain their application to gay, lesbian, bisexual and transgender (LGBT) people targeted for bias-motivated violence. Georgia's hate crimes law was invalidated by the state's Supreme Court in October 2004 as "unconstitutionally vague."

Four (4) states (Arkansas, Indiana, South Carolina, Wyoming) do not have any hate crimes laws.