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Why A Hate Crime Is Not Actually A Hate Crime In 35 States

Two men were viciously attacked, and their attackers will not face as severe a penalty just because of what state they were in.

nktwentythree/Getty Images

By John Walker
September 24, 2014 / 1:08 PM

Let us break this down for you....

On September 11, 2014, two gay men were attacked by a group of men and women in Philadelphia.

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The group also yelled "disparaging remarks" aimed at the couple's perceived sexual orientations, according to a police report.

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Both men were taken to the hospital. One of them had to have his jaw wired.

[image src="wp-attachment://1938097" title="hate-crime-x-ray-human-jaw" alt="hate-crime-x-ray-human-jaw"]

The Philly PD posted surveillance footage of the suspected assailants online.

[image src="wp-attachment://1938096" title="hate-crime-surveillance" alt="hate-crime-surveillance"]

Thanks to anonymous Twitter user @FanSince09, and others, many of the suspects were ID'd.

[image src="wp-attachment://1936703" title="fansince09-hate-crime" alt="fansince09-hate-crime"]

Sidebar: @FanSince09 is the best. Read our full interview with him, here.

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Tons of media outlets initially reported the attack as a "hate crime."

[image src="wp-attachment://1940808" title="04-hate-crime-press" alt="04-hate-crime-press"]

I mean, let's review what happened.

[image src="wp-attachment://1940809" title="05-checklist" alt="05-checklist"]

Wouldn't you call that a hate crime?

[image src="wp-attachment://1940810" title="06-thatsahatecrime" alt="06-thatsahatecrime"]

Well, it's not.

[image src="wp-attachment://1941054" title="07-thatsahatecrime-" alt="07-thatsahatecrime-"]

Sexual orientation is not protected under Pennsylvania's hate-crime laws.

[image src="wp-attachment://1940812" title="08-race-ethnicity" alt="08-race-ethnicity"]

(Philadelphia is located in Pennsylvania, just so we're clear.)

[image src="wp-attachment://1940813" title="09-anditsnotthecapital" alt="09-anditsnotthecapital"]

And Pennsylvania's not alone. There are 44 states with hate-crime laws on the books*.

[image src="wp-attachment://1940814" title="10-purplemap" alt="10-purplemap"]

These laws offer legal protection for groups on the basis of their race and religion, among other means of identifying.

[image src="wp-attachment://1940815" title="11-race-ethnicity" alt="11-race-ethnicity"]

However, only 30 of those states' laws address hate or bias-motivated crimes based on sexual orientation.

[image src="wp-attachment://1940816" title="12-greenmap" alt="12-greenmap"]

And only 15 of those states protect gender identity along with sexual orientation.

[image src="wp-attachment://1941057" title="13-bluemap" alt="13-bluemap"]

That means that if a transgender person is attacked for being transgender...

[image src="wp-attachment://1940819" title="15-LGBT" alt="15-LGBT"]

...The attackers could not be charged with a hate crime in 35 states.

[image src="wp-attachment://1940820" title="16-redmap" alt="16-redmap"]

And you know what that is?

[image src="wp-attachment://1940821" title="17-fuckedup" alt="17-fuckedup"]

Same goes for a cisgender person who is attacked because they are perceived to be transgender.

[image src="wp-attachment://1941058" title="18-google" alt="18-google"]

And if a lesbian, gay, bisexual or straight person is attacked for being (or at least appearing to be) lesbian, gay or bisexual...

[image src="wp-attachment://1940823" title="19-LGBT2" alt="19-LGBT2"]

The attackers could not be charged with a hate crime in 20 states.

[image src="wp-attachment://1941059" title="20-redmap" alt="20-redmap"]

One of those states is Pennsylvania.

[image src="wp-attachment://1940825" title="21-map" alt="21-map"]

And that's why the group that attacked those two gay men on the night of September 11, 2014...

[image src="wp-attachment://1940826" title="22-words" alt="22-words"]

...Have only been charged with two counts of aggravated assault, among other offenses, and not what they could have been charged with elsewhere.

[image src="wp-attachment://1940827" title="23-ahatecrime" alt="23-ahatecrime"]

Learn more about LGBT bias at LookDifferent.org.

* Human Rights Campaign's "State Hate Crimes Laws"

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