Hate crime laws require law enforcement agencies to investigate and prosecute crimes committed with bias against LGBT people. Some state laws require collection of data on anti-LGBT hate crimes.
Hate crime laws are designed to deter bias-motivated crimes, however there is no consensus around the efficacy of these laws in preventing hate crimes against LGBT people. In fact, some advocates believe hate crime laws may be counterproductive to that goal. Research suggests that the enforcement of hate crime laws disproportionately impacts marginalized communities, particularly communities of color. Read more about how criminalization impacts people of color here. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is a federal law that amended federal hate crime law to include gender, sexual orientation, gender identity, and disability. Several states have hate crime laws that require data collection for sexual orientation or gender identity and expression, but do not impose additional penalties: Indiana (sexual orientation), Michigan (sexual orientation) and Rhode Island (gender identity or expression). For additional information, contact the Human Rights Campaign, the National Gay & Lesbian Task Force, the National Center for Transgender Equality, or the Equality Federation.
State | Hate Crime Law | Year Passed |
Citations | ||
Alabama | ||
Alaska | ||
Arizona |
State has law that only covers sexual orientation |
2003 |
Arkansas | ||
California |
State has law that covers sexual orientation and gender identity |
1999 |
Colorado |
State has law that covers sexual orientation and gender identity |
2005 |
Connecticut |
State has law that covers sexual orientation and gender identity |
2004 |
Delaware |
State has law that covers sexual orientation and gender identity |
1997/2013 |
District of Columbia |
State has law that covers sexual orientation and gender identity |
1989 |
Florida |
State has law that only covers sexual orientation |
2001 |
Georgia | ||
Hawaii |
State has law that covers sexual orientation and gender identity |
2003 |
Idaho | ||
Illinois |
State has law that covers sexual orientation and gender identity |
2001/2016 |
Indiana | ||
Iowa |
State has law that only covers sexual orientation |
2002 |
Kansas |
State has law that only covers sexual orientation |
2002 |
Kentucky |
State has law that only covers sexual orientation |
2001 |
Louisiana |
State has law that only covers sexual orientation |
2002 |
Maine |
State has law that only covers sexual orientation |
2001 |
Maryland |
State has law that covers sexual orientation and gender identity |
2005 |
Massachusetts |
State has law that covers sexual orientation and gender identity |
2002 (Sexual Orientation); 2011 (Gender Identity/Expression) |
Michigan | ||
Minnesota |
State has law that covers sexual orientation and gender identity |
1993 |
Mississippi | ||
Missouri |
State has law that covers sexual orientation and gender identity |
1999 |
Montana | ||
Nebraska |
State has law that only covers sexual orientation |
2002 |
Nevada |
State has law that covers sexual orientation and gender identity |
2001 (Sexual Orientation); 2013 (Gender Identity/Expression) |
New Hampshire |
State has law that only covers sexual orientation |
2002 |
New Jersey |
State has law that covers sexual orientation and gender identity |
2002 (Sexual Orientation); 2008 (Gender Identity/Expression) |
New Mexico |
State has law that covers sexual orientation and gender identity |
2003 |
New York |
State has law that only covers sexual orientation |
2002 |
North Carolina | ||
North Dakota | ||
Ohio | ||
Oklahoma | ||
Oregon |
State has law that covers sexual orientation and gender identity |
2001 (Sexual Orientation); 2008 (Gender Identity/Expression) |
Pennsylvania | ||
Rhode Island |
State has law that covers sexual orientation and gender identity |
2001/2012 |
South Carolina | ||
South Dakota | ||
Tennessee |
State has law that only covers sexual orientation |
2001 |
Texas |
State has law that only covers sexual orientation |
2002 |
Utah | ||
Vermont |
State has law that covers sexual orientation and gender identity |
2001 |
Virginia | ||
Washington |
State has law that covers sexual orientation and gender identity |
1993 (Sexual Orientation); 2009 (Gender Identity/Expression) |
West Virginia | ||
Wisconsin |
State has law that only covers sexual orientation |
2002 |
Wyoming |
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