Youngstown Daily Legal News

Stricter penalties for hate crimes against gays sought

TIFFANY L. PARKS
Special to the Legal News
Published: April 1, 2014

Equality Ohio, an 80,000-member organization rooted in equality and diversity, has endorsed a bill that would expand the perimeters of the state’s ethnic intimidation offense.

“Equality Ohio advocates and educates to achieve fair treatment and equal opportunity for all Ohioans regardless of their sexual orientation, gender identity or expression,” said Elyzabeth Holford, Equality Ohio executive director, in proponent testimony for House Bill 300 last week.

“We envision an Ohio where everyone feels at home. This important piece of legislation will require increased penalties for hate or bias crimes based on sexual orientation, gender identity and disability.”

HB 300, sponsored by Rep. Nickie Antonio, D-Lakewood, would expand an existing ban that prohibits a person from violating any of a list of specified revised code provisions by reason of the race, color, religion or national origin of another person or group of persons so that the prohibition also bans a person from violating any of the list of specified provisions by reason of the “disability,” gender identity or sexual orientation of another person or group of persons.

A violation of the expanded prohibition would continue to be an ethnic intimidation offense.

“According to statistics by the Ohio Department of Public Safety, 48 percent of hate-crime incidents in Ohio were related to race, followed by disability (18 percent), sexual orientation (16 percent), ethnicity (10 percent) and religion (8 percent),” Holford said. “These are our brothers and sisters, neighbors, colleagues, friends and constituents.”

Holford said she understands that some may question the need for HB 300 when there is already a similar federal law.

“This is a good question and one we need to discuss. Currently, there is a federal statute and a handful of local statutes that address hate crimes,” she said.

“However, federal authority is limited to investigating and prosecuting hate crimes that affect interstate commerce. And local statutes only address misdemeanors. These limitations are exactly the reason why we need a state law that gives officials the tools to effectively prosecute hate crimes in Ohio.”

In addition to Holford, the Rev. James Waugh, a retired United Methodist pastor, offered proponent testimony for HB 300.

“While we in the United Methodist Church may continue to struggle with our understandings about LGBT persons and gender identity issues, I believe our understandings are clear that we see all persons, including lesbian, gay, bisexual and transgender persons as children of God,” he said. “As such, these persons need the protection of the law when it comes to hate crimes.”

As a pastor, Waugh said he operates out of the ethic that Jesus taught that believers are to love God and their neighbors.

“I realize there are those who fear that this law will constrain their rights to teach otherwise in interpreting the Bible in ways that speak against LGBT persons,” he said.

“But this legislation does not limit the right of those in the church or others who want to continue to teach that homosexuality is wrong or sinful. The First Amendment still protects their right to speak and teach that way in their churches and in the public square.”

Waugh said he anticipates the day when LGBT persons are viewed as companions on “the faith journey.”

“But I know we are not there yet,” he said. “And until we see the day arrive when we can all get along without these protections, I believe it is incumbent on the state to put in place measures to protect these persons.”

Holford noted that Ohio is only one of 14 states that does not include gender identity and sexual orientation in their hate-crimes statutes.

“It is time for Ohio to speak loudly to those who wish to intimidate, threaten or forcibly attack an individual because of their sexual orientation or gender identity,” she said.

“And more importantly, it is time for Ohio to speak even louder for LGBT Ohioans and make them well aware that Ohio will not stand by and let our citizens be targeted and attacked because of who we love.”

Holford went on to talk about an attack on a gay man during Columbus Pride and the murder of three transgender women in Cleveland.

“We have a problem in Ohio,” she said, adding that Equality Ohio is not interested in pursuing unnecessary laws. “We are committed to supporting policy and changes in law that respect and protect all Ohioans. When we see injustice and know that there is a way to correct this injustice, we must do everything in our power to pursue every legal option or legislative remedy. That is why we are actively supporting HB 300.”

HB 300 is co-sponsored by 15 House members.

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