Local and national gay activists are celebrating a new federal hate crimes bill but say South Carolina still needs its own hate crimes law.

On Oct. 28, President Obama signed a bill setting penalties for violent crimes motivated by the victim’s gender, sexual orientation, gender identity or disability. The bill joins existing federal law banning hate crimes based on race, color, religion or national origin.

S.C. Pride parade. File photo

The new bill allows federal law enforcement to help local officials with criminal investigations of hate crimes — and to conduct its own investigations where local officials can’t or won’t.

Representatives of the local gay, lesbian, bisexual and transgender community are pleased with the federal law, which has been a Democratic legislative priority for more than 10 years.

“We here in South Carolina are thrilled that this law has passed,” says Ryan Wilson, president of SC Pride, a Columbia-based gay rights organization.

Many South Carolina politicians oppose the new law, however, including Republican Sen. Jim DeMint, who believes it is unfair to create a special category of crimes.

“I’m sure most parents of a minority, homosexual, or female victim would appreciate the extra concern [of hate crimes protection],” DeMint said in an Oct. 23 speech. “But the other side of this coin is the implication that these crimes committed against a ‘non-special’ person should have less punishment.”

For his part, Wilson believes the federal protection is a good start but that additional state protection is needed.

“This isn’t the end of hate crimes as an issue for gays and lesbians,” Wilson says.

South Carolina is one of only five states with no hate crimes law on the books, according to the Human Rights Campaign, a national gay rights organization. Of the 45 states that explicitly ban hate crimes, 31 include sexual orientation in their definitions of protected groups, and 12 also extend protections based on gender.

“The new federal law is no substitute for state hate crimes enforcement,” says Trevor Thomas, deputy communications director for Human Rights Campaign. “The new law is a federal backstop to help local authorities investigate and prosecute these crimes. States will continue to have primary jurisdiction in the vast majority of cases.”

State Representative Seth Whipper, who has a hate crimes bill pending in a House subcommittee, agrees that state legislation is crucial.

“Local government can respond much more quickly and comprehensively to this kind of behavior,” he says.

Whipper believes local authorities need the flexibility a state bill could offer.

“We can sometimes offer other alternatives to prosecution or punishment,” Whipper says.
“Especially when you’re dealing with adolescents, you want to be able to avoid the sentencing guidelines that the feds use.”

Whipper’s bill would address hate crimes based on race, religion, gender, sexual orientation and other factors.

Even with no state hate crimes bill, Wilson says there are opportunities for collaboration between gay advocates and state and local law enforcement.

The new federal bill provides grant money to help train law enforcement on identifying, handling and preventing hate crimes, particularly those committed by juveniles. Wilson says SC Pride will partner with other South Carolina outreach groups to help educate law enforcement.

“We’ve still got work ahead,” Wilson says.