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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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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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