States Need to Strengthen Hate Crime Laws

Hate crimes are on the rise. More than 750 crimes directed at Muslims, Sikhs and people of Middle Eastern and South Asian descent were documented in the weeks following September 11.

Many of these incidents were particularly violent: In Arizona, a shooting rampage left one Sikh man dead, and shots were fired at a Lebanese clerk and at the home of an Afghan family. In Michigan, a U.S. citizen from Yemen was murdered. In California, an Egyptian-American grocer was shot and killed near his store, and a gasoline bomb was thrown into the home of a Sikh family. In Illinois, a firebomb was thrown at an Arab-American community center. In Texas, a storeowner from Pakistan was shot dead and shots were fired into an Islamic community center.

"We’ve seen a tremendous increase in hate crimes across the country," said Texas Senator Rodney Ellis (Flemming Fellow ’94), the Senate sponsor of Texas’ successful new hate crime law. "Now more than ever, states need to enact or strengthen hate crime laws to combat racial bigotry."

Seven states have no hate crime statutes, while only 16 have fairly strong hate crime laws. The other 27 states could upgrade existing laws, which lack the effective penalties and provide incomplete protection. In general, hate crime laws enhance criminal sentencing for crimes motivated by race, religion, and ethnicity. Some laws protect against destruction of property, but not bodily harm. But fewer than half the states protect victims based on religious worship (22); gender (22); sexual orientation (25); or disability (24).

In addition to enacting new laws, many states have recently improved the enforcement of existing hate crime laws. In Maryland, rewards are being offered for leads on hate crimes to help stem the rise of these crimes. Maine’s Human Rights Commission plans to step up efforts to educate workers and employers about rules against harassment and racial slurs.

California’s Department of the Fair Employment and Housing set up a new hotline to inform hate crime victims of services available and refer them to local district attorneys. Information about the hotline and hate crime laws is currently being translated into many Middle Eastern and South Asian languages. The state has also arranged new training sessions to educate attorneys about the intricacies of hate crime laws.

As we struggle to come to terms with a time of heightened violence in our communities, nation, and around the world, we must seek a true understanding of its root causes through an investigation of acts of terror that expands far beyond the events of September 11. Enhancing and/or creating hate crime laws is an essential piece of this puzzle.

"The American people must not let the seeds of violence planted by the perpetrators of the attacks grow into intolerable acts of racial hatred against our fellow Americans. It is the responsibility of each of us to remember that tolerance is the foundation of our nation," said Karen Narasaki, executive director of the National Asian Pacific American Legal Consortium.

Click here for CPA’s briefing on how to protect citizens from hate crimes.

Key
White – States Without Hate Crime Statutes
Gray – States With Fairly Strong Hate Crime Laws
Black – States With Hate Crime Laws that Lack Effective Penalties and Provide Incomplete Protection