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Federal prosecutors declined to prosecute 82% of hate crimes

DOJ report says ‘insufficient evidence’ was main cause

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U.S. Department of Justice

Federal prosecutors, who are referred to as United States Attorneys, declined to prosecute 82 percent of 1,864 suspects investigated for violating federal hate crime laws in all 50 states and D.C. during the years of 2005 to 2019, according to a newly released report by the U.S. Department of Justice’s Bureau of Justice Statistics.

The 15-page report, released on July 8, cites insufficient evidence as the reason suspects were not prosecuted in 55 percent of the federal hate crime cases. The report says “prioritization of federal resources” was the reason for a decision not to prosecute 15 percent of the suspects. 

It says 13 percent of the suspects were not prosecuted by U.S. Attorneys because the suspect was “subject to the authority of another jurisdiction,” and another 13 percent were not prosecuted because the federal government lacked legal jurisdiction to file a hate crime charge. 

The report, entitled Federal Hate Crime Prosecutions, 2005-2019, does not disclose the category of the victims targeted for a hate crime by the suspects whose cases were or were not prosecuted. 

In its annual hate crimes report as required under the U.S. Hate Crimes Statistics Act, the FBI provides information on hate crimes based on a victim’s race/ethnicity/ancestry; religious affiliation; sexual orientation; gender identity; disability; and gender.

The FBI’s most recent hate crimes report released in November 2020, and which covers the year 2019, shows that hate crimes based on a victim’s sexual orientation represented 16.8 percent the total number of hate crimes reported to the FBI for that year, the third largest category after race and religion. 

The FBI report shows that 4.8 percent of the total hate crimes reported to the FBI in 2019 were based on the victim’s gender identity. 

These figures suggest that at least some of the hate crimes cases that U.S. Attorneys declined to prosecute were cases involving LGBTQ people as victims. 

The Bureau of Justice Statistics report also does not disclose whether or how many of the suspects who were not prosecuted for a hate crime violation were prosecuted for the underlying criminal offense that was investigated by federal prosecutors as a possible hate crime.

Law enforcement officials, including D.C. police officials, point out that a hate crime is not a crime in and of itself but instead is a designation added to an underlying crime such as assault, murder, destruction of property, and threats of violence among other criminal offenses. Most state hate crimes laws, including the D.C. hate crimes law, call for an enhanced penalty, including a longer prison sentence, for a suspect convicted of a crime such as murder or assault that prosecutors designate as a hate crime. 

Tannyr M. Watkins, a spokesperson for the DOJ’s Bureau of Justice Statistics, told the Blade in response to a Blade inquiry that the bureau did not have access to data it received from U.S. Attorney’s offices throughout the country about whether hate crime suspects were prosecuted for an underlying crime when the U.S. Attorney’s declined to prosecute the suspect for a hate crime.

The Bureau of Justice Statistics report released last month says that out of the 17 percent, or 310, of the hate crime suspects who were prosecuted between 2005-2019, 92 percent, or 284, whose cases were brought before a U.S. District Court, were convicted. And 85 percent of those convicted received a prison sentence, the report says. 

“Forty percent of the 284 hate crime convictions during 2005-2019 occurred in federal judicial districts in six states – New York (30), California (26), Texas (19), Arkansas (15), Tennessee (13), and Pennsylvania (12),” the report states. It says that during this 15-year period all but 10 states saw at least one hate crime conviction. In addition, there were two federal hate crime convictions in D.C. during that period, according to the report.

The U.S. Attorney’s Office for the District of Columbia, unlike U.S. Attorneys in the 50 states, prosecutes criminal offenses under both D.C. law and federal law under D.C.’s limited home rule government. In the 50 states, most hate crimes are believed to be prosecuted by state and local prosecutors.

Former D.C. U.S. Attorney Jessie Liu has stated that the D.C. Office of the U.S. Attorney has prosecuted most criminal cases in which a hate crime arrest was made but the office dropped the hate crime designation due to lack of sufficient evidence. Liu said the office has continued to prosecute the suspect for the underlying charge, which often included a charge of assault or destruction of property.

The Bureau of Justice Statistics report says U.S. Attorneys use five federal hate crimes related statutes to prosecute suspects for hate crimes. Among them is the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, which is the only federal hate crimes law that includes protections for LGBTQ people.

LGBTQ activists hailed the Shepard-Byrd law as an important breakthrough because it authorizes federal prosecutors to prosecute anti-LGBTQ hate crimes in states whose hate crimes laws do not cover hate crimes based on the victim’s sexual orientation or gender identity.

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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