Ohio does not have a separate hate crime law. Instead, the state relies on “ethnic intimidation” laws that allow prosecutors to upgrade crimes from misdemeanors to felonies if a suspect targets someone based on “race, color, religion, or national origin.”
But a new bipartisan bill creating formal hate crime laws could ultimately exclude LGBTQ victims.
The bill — HB 306 — is create A new crime called a “hate crime” occurs when the victim is said to have been targeted by violence because of personal characteristics such as race, religion, gender, disability, political affiliation, age, military background, family status, ancestry, nationality, or involvement in a labor dispute.
The bill would prohibit people from “terrifying” others through violence or threats, defined as causing “a person of normal feelings and sensibilities” to fear for their own safety. Under the proposed law, people could only be prosecuted if they made a direct threat and had a “clear ability” to commit violence.
If the crime is proven to be motivated by bias against a protected class, prosecutors could elevate the crime to a higher level. For example, a first-degree misdemeanor can be upgraded to a fifth-degree felony if a victim is targeted because of a personal characteristic.
However, the bill does not include explicit protections for LGBTQ people and intentionally excludes transgender people.
Although the bill does not mention sexual orientation, its co-sponsor, Ohio Rep. Josh Williams (R-Sylvania Township), cited sexual orientation as a protected characteristic while testifying in favor of the bill at a Feb. 25 hearing before the Ohio House Judiciary Committee. ohio capital journal.
The bill’s other co-sponsor, state Rep. Dontavious Jarrells (D-Columbus), told the paper. ohio capital journal He believes crimes targeting members of the LGBTQ community fall under the bill’s “sex” protections.
Jarrells said the decision not to explicitly mention LGBTQ identities in the bill was to avoid making the bill too “customized or narrow,” suggesting that including LGBTQ-specific language could undermine support for the bill from conservative lawmakers.
“We really intended this bill to reflect an inclusive interpretation,” he said. “But please introduce the bill in a way that doesn’t politicize it. Hate is hate, whether it’s black, white, Jewish, religious or gay.”
LGBTQ groups criticized the bill for lacking clear protections for sexual orientation, arguing that without specific language, prosecutors could refuse to bring charges against perpetrators who target people because they are gay, lesbian or bisexual.
State Rep. Eric Shinenberg (D-Beachwood) asked a question Why does this bill not include protections for gender identity?
“I don’t believe that the Constitution protects people who can change something about themselves on a daily basis on a whim,” Williams responded.
Critics say the bill would still make political affiliation (which can change based on people’s political views) a protected class, although Williams claims gender can be “changed” every day.
Source: Metro Weekly – www.metroweekly.com
