LGBTQ People Removed from South Carolina Hate Crime Protections

South Carolinian lawmakers removed gender identity and sexual orientation from the list of protected categories, after republican leader said including them would likely result in members of his party withdrawing their support. South Carolina religious conservatives complained protecting LGBTQ people from hate crimes could “threaten religious liberty.” 

“The mere fact that in 2021, there is any disagreement on whether gay people should be included in a hate crime bill is indicative of why we need the bill,” says South Carolina Representative Justin Bamburg.

South Carolina is one of the few states yet to have a hate crimes bill. A House subcommittee amended the bill, removing sexual orientation, creed, gender, age, and ancestry. The measure now includes just six protected groups, all of which have long been included in federal law.

Like other hate crimes bills, it would not punish people for actions that are otherwise legal and does not punish speech by itself. The bill would enhance penalties for certain crimes if they are committed because of hatred toward a protected category.

House Judiciary Chairman Chris Murphy says that LGBTQ protections could be added back to the bill as it passes through the rest of the House and Senate. However, the decision to remove those protections, Murphy says, stemmed from wanting as much republican support for the bill as possible.

“The goal is to get a bill we’re going to be able to pass,” Murphy says.

Republican subcommittee Chairman Weston Newton said the amended hate crimes bill may provide more protection than it appears, after justices in a 2020 U.S. Supreme Court ruling from Georgia determined discrimination because of sex includes sexual orientation or gender identity.

“The FBI has stated that hate crimes against LGBTQ people are on the rise, and if we can’t count on our representatives to pass a hate crime bill that actually includes one of the communities most impacted by hate-motivated crimes, then what’s the point of this bill?” says Chase Glenn, the executive director of the South Carolina Alliance For Full Acceptance.