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FBI updates 2020 hate crimes data

Data show small increase in anti-gay bias incidents

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The FBI on Oct. 25 released updated data for its 2020 annual hate crimes statistics report originally released in August that shows an increase in overall hate crimes for 2020 but no significant change in the number of hate crimes targeting LGBTQ people.

The first version of the report, which the FBI says lacked data it later obtained from Ohio, shows the percentage of hate crimes nationwide targeting victims because of their sexual orientation to be 20.5 percent. The revised report shows that number to be 20.0 percent.

The earlier version of the report showed the percentage of hate crimes targeting a victim because of their gender identity to be 2.5 percent and the revised report shows gender identity victims to be 2.7 percent of the total number of hate crime victims.

However, the revised 2020 report shows that the 20 percent figure for sexual orientation related hate crimes represents an increase from 16.8 percent of sexual orientation related hate crimes reported in 2019. The revised report also shows that the 2.7 percent figure for gender identity related hate crimes, which the FBI says involves transgender and gender nonconforming people, represents a decline from the 4.8 percent gender identity related hate crimes reported in 2019.

Like recent past years, the largest percentage of hate crimes reported by law enforcement agencies from across the country to the FBI in 2020 as shown in the FBI’s updated report – 61.9 percent – falls into the category of race/ethnicity/ancestry bias. The earlier version of the report placed that category at 61.8.

The percentage of other categories of victims reported in the FBI’s revised 2020 report include 13.3 percent of bias related crimes targeting a victim for their religion; 1.4 percent for their disability; and 0.7 percent for their gender. There were no significant changes in these categories from the earlier version of the 2020 report.

LGBTQ rights advocates have joined representatives of civil rights groups in expressing concern that the FBI’s annual hate crime report reflects a large undercounting of the actual number of hate crimes nationwide. Observers familiar with the reporting say the underreporting stems from the substantial number of local law enforcement agencies that do not submit hate crime data to the FBI. The Washington Post reported in August that 422 fewer law enforcement agencies submitted hate crime data to the FBI in 2020 than those submitting data in 2019. 

The revised FBI report says law enforcement agencies in 2020 submitted incident reports involving a total of 8,263 criminal incidents and 11,129 related incidents as being motivated by bias. The report says the data show there were a total of 8,052 single-bias incidents involving 11,126 victims.

This marks an increase from the earlier report, before the Ohio data was included, from 7,759 criminal incidents and 10,532 related incidents in 2020. The earlier report showed there were 7,554 single-bias incidents involving 10,528 victims.

A separate compilation of reported hate crimes for D.C. in 2020 published on the U.S. Department of Justice website, based on FBI data obtained from D.C. police, shows the total number of reported hate crimes in D.C. declined from 222 in 2019 to 133 in 2020. The data show a decline in the number of sexual orientation related hate crimes and a slight increase in gender identity related bias crimes in D.C.

The DOJ report compares the 2019 and 2020 hate crimes data for D.C. by category of victim using the number of incidents rather than by percentage. The data show the following breakdown:

• Race/Ethnicity/Ancestry—2019: 119; 2020: 63

• Sexual Orientation—2019: 65; 2020: 41

• Gender Identity—2019: 27; 2020: 28

• Religion—2019: 8; 2020: 1

• Gender—2019: 2; 2020: 0

• Disability—2019: 1; 2020: 0

The drop in 2020 reported hate crimes in D.C. targeting victims for their race and ethnicity appears to go against the nationwide reports by community activists of a spike in race and ethnicity related hate crime targeting African Americans and Asian Americans. Asian American groups have reported an increase in anti-Asian hate crimes based on the bogus notion that Asians are responsible for the COVID-19 pandemic because it may have started in China.

Among the anti-Asian incidents reported in D.C. this year was an attack by a D.C. man against a gay Asian man and his parents in August. The man, who was arrested by D.C. police, shouted anti-gay and anti-Asian insults at the three victims while assaulting them, according to a D.C. police report.

Hate crimes data posted on the D.C. police website for the period of Jan. 1 through Sept. 30, 2021, show a total of 119 reported hate crimes for that period. The data show 29 of the incidents were based on the victim’s sexual orientation and eight were based on the victim’s gender identity or expression. Forty-six were listed as being based on the victim’s ethnicity/national origin and 33 were said to be based on the victim’s race.

In a list of categories that differs from the FBI’s hate crime categories, the D.C. police website listing of 2021 hate crime incidents reports no hate crime incidents based on a victim’s status of being homeless or their political affiliation. It reports one incident based on the victim’s gender/sex and no incidents based on a victim’s disability.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.

Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.

At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.

In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.

Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.

According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.

Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.

As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.

WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.

“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”

“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”

WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.

The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.

“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.

He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.

South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.

Truett remains in jail as of publication.

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