The re-introduction of Hate Crimes legislation (the Matthew Shepard Act [H.R. 1592]) this year and some of the curious arguments I've been seeing from opponents of this legislation have piqued my interest.
Why hasn't sexual orientation and gender identity been added to our existing Federal Hate Crimes legislation?
How prevalent are hate crimes based on sexual orientation and gender compared with hate crimes against other groups?
The main objection I have been seeing to Hate Crimes legislation for LGBT people in the media is that they just aren't necessary, and that there just aren't enough of them to justify the effort. We'll look at the statistics in some detail in a moment, but it is a disturbing idea that the frequency of a crime should determine whether or not it is a crime. By this logic genocide, by virtue of it's infrequency, might not be a crime at all.
Another objection from opponents is that LGBT people aren't easily identifiable like other currently protected classes so it's hard to know when you might run afoul of Hate Crimes legislation. While that argument initially seems to make sense for existing classes like race, color, and national origin, it makes no sense at all for other classes like disability or religion.
Of course there are excellent reasons why current Hate Crimes legislation includes phrases like "The incidence of violence motivated by the actual or perceived race, color, national origin, ..." There is no way to accurately determine the race, color, national origin, religion, or disability of any individual, yet this didn't prevent protections being enacted for these groups. Why, then, is it an issue for LGBT people?
I’ve been doing a lot of reading on Hate Crimes statistics to better understand the issue. Here are the official sources I've used:
Now, to put the numbers you are about to see in perspective there are a few things you need to know about Hate Crimes before we start:
- Only 44% of hate crimes are ever reported to police
- Average of 191,000 incidents reported annually since 2000
- Ergo, Reported + projected Unreported average hate crime incidents could equal as much as 434,091 incidents
- 3% of all Violent crimes are perceived by the victims to be hate crimes
In the current (2004) FBI Hate Crime Statistics in the next two tables there are shortcomings with the breadth of collection and how the numbers are presented:
- Neutral categories hide the specific sub-groups in each that report by far the most hate crimes
- Race: Black = 67.6% of all reports
- Religion: Jewish = 69.4% of all reports
- Sexual Orientation: Gay (GLB) = 97.2% of all reports
- Incident statistics track total counts and don’t account for differing population sizes of these targeted groups
- Gay people report more personal vs. property based hate crimes
- Gender and Gender identity not tracked at all under Hate Crime Statistics Act of 1990
With those points made, here are the raw FBI 2004 numbers:
And a percentage breakdown by sub-group:

As noted above, the failure to take into account the actual size of each group in the population makes understanding the magnitude of the problem to each group more difficult.
Here is a more realistic way of grasping the numbers – population-adjusted incident reporting rates per 100,000 people based on 1996-2001 data from The Real Story of U.S. Hate Crime Statistics: An Empirical Analysis:

Here are the top population-adjusted reporting rates (PARRs) for a broader set of sub-groups using just three months of post-September 11, 2001 data:

The Arab/Muslim numbers have moderated in the 2002 data:

As you can see from this brief three month snapshot after September 11th 2001 and the moderating numbers for the Arab and Islamic groups, GLB people have the highest population-adjusted reporting rate for hate crimes.
Looked at the numbers over a decade, the recent up-tick in hate crimes for GLB people moves us into second place with 13 incidents per 100,000 people compared with 15 per 100,000 people for Jews, 12 per 100,000 for Muslims, and 8 per 100,000 for Blacks.
I started looking into this because I’m tired of the argument that “we don’t need it, it hardly ever happens”. This is manifestly false based on simple incident statistics, and that argument posits that the numbers for anti-GLB hate crimes become a de-facto threshold for groups who do not need protection. Ergo, any groups with a lower reporting rate than GLB hate crimes should also be removed from hate crimes legislation.
If we took this at the class level, we would no longer protect Ethnicity and National Origin or Disability at all. If we were to treat each of the sub-groups individually, which seems more equitable, here are the groups that would be removed based on the 2004 numbers (bold):
- Anti-Male Homosexual - 738
- Anti-Other Ethnicity/National Origin - 497
- Anti-Hispanic - 475
- Anti-Homosexual - 245
- Anti-Asian/Pacific Islander - 217
- Anti-Multiple Races, Group - 182
- Anti-Female Homosexual - 164
- Anti-Islamic - 156
- Anti-Other Religion - 128
- Anti-American Indian/Alaskan Native - 83
- Anti-Catholic - 57
- Anti-Protestant - 38
- Anti-Multiple Religions, Group - 35
- Anti-Mental - 34
- Anti-Heterosexual - 33
- Anti-Physical - 23
- Anti-Bisexual - 17
- Anti-Atheism/Agnosticism/etc. - 6
Clearly, we would not remove these protections from these groups or classes. This argument is nonsense.
Based on the data collection mandated in the Hate Crime Statistics Act of 1990 and the population-adjusted reporting rates, the case for inclusion of sexual orientation and protection of GLB people is among the strongest of any sub-group or class currently being reported on.
While gender identity is not currently tracked as a motivation for hate crimes and is not reported or included here, it is a reasonable hypothesis that they are also disproportionately affected by bias motivated crimes. Statistics for people who might be protected under gender identity, including cross-dressers, transgender, and transsexual people are difficult to find.
"Expert" estimates by psychiatrists of the incidence of transsexuals alone in the U.S., based on purely anecdotal data, is 1 in 30,000 people. However, the work of Lynn Conway, a computer scientist and inventor, points to a dramatically higher incidence of transsexuals who have had sexual reassignment surgery closer to 1 in 2,500. This is a largely invisible community who are often treated as outsiders even in the GLBT community. Despite the paucity of statistics, they deserve protection under the law.
If hate crimes exist at all in legislation, there is no credible argument and no rational basis for excluding Sexual Orientation and Gender Identity as classes to fully protect Gay, Lesbian, Bisexual, and Transgender people.