Canva Hate crime law in the United States is a difficult patchwork to navigate. The legal definition of a hate crime and the groups the law protects still varies by state. Even in its most expansive definition, the nature of the law requires proof of malicious or prejudiced intent, a difficult standard for law enforcement and courts to meet. In 2009, Congress passed the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, which expanded the federal hate crime definition and gave the federal government authority to collect statewide data and prosecute hate crimes when local governments do not. As this growing body of data suggests, hate crime is most definitely on the rise. Despite federal reform, many victims and communities remain at the mercy of their state and local government statutes. The Human Rights Campaign reports that, in 2021, nearly 1 in 5 hate crimes were motivated by anti-LGBTQ+ sentiment, and that year has been the deadliest on record for transgender and nonbinary people. Hate crime exists in a political context: The stark increase in violence in this community is inextricably connected to larger national debates over gender identity and expression. In the year 2021 alone, more than 250 bills the Human Rights Campaign identifies as anti-LGBTQ+ were introduced in state legislatures. The topics most commonly included gender-affirming care for minors, inclusion or exclusion of topics of gender in K-12 schools, and restricting bathroom and locker room use on the basis of biological sex. LGBTQ+ advocates point out a clear connection between legislation that targets their community and the rates of intimidation and violence they face. According to the Trevor Project, anti-LGBTQ+ policies and debates contributed to a spectrum of harm for LGBTQ+ youth, including online harassment, feelings of unsafety, bullying, and physical assault. And what other factors form the backdrop of increasing prejudice and violence against LGBTQ+ Americans? Stacker investigated which states had the most hate crimes against the LGBTQ+ community, using the FBI’s 2021 Hate Crime Statistics. States are ranked by the number of anti-LGBTQ+ hate crimes in 2021. States with an equal number of total hate crimes are ranked by the percentage of police departments that reported data that year. Please note that some crimes involve multiple-bias motivations, so the sum of all hate crimes may equal a different number than the total hate crimes. Please note: Data collection for these crimes is difficult. The FBI has collected hate crime data since 1991 to provide an overall yearly snapshot, but this picture remains incomplete. Many communities targeted by prejudiced violence do not feel safe around police or trust the police to prosecute their offenders, and survey data from victims report a much higher number of hate crimes than reported by police. Furthermore, police departments are not mandated to report hate crime data to the FBI–and many don’t. Even comparing data year to year can be difficult because each year represents a different sample of police departments that choose to report. It’s safe to assume the hate crime victims face is much higher than reported on FBI statistics. Read on to understand how legislation, criminal statutes, and other factors impact the violence that LGBTQ+ people face from state to state. Note that the following states were excluded from our list because less than half of police departments in the state reported data: Florida, California, Pennsylvania, Maryland, New York, New Jersey, New Mexico, and Illinois. #43. Mississippi Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 1 – Percent of police departments reporting data: 52.9% (138 of 261 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 0 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 0 Mississippi does not have a hate crime law that includes gender identity or sexual orientation as a factor. LGBTQ+ advocates have long been pushing to expand the legal definition of hate crime to account for crimes against these groups, but the bill has yet to pass. The most current reform of Mississippi hate crime law was in 2017 when a provision was added to protect law enforcement officers. #42. Delaware Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 2 – Percent of police departments reporting data: 100.0% (62 of 62 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 1 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 0 2021 marked a sharp uptick in hate crimes for Delaware: the DOJ reported a 40% increase from 2020 to 2021. Although the majority of these crimes are antisemitic attacks, the rise of white supremacy and antisemitic ideology is historically connected to attacks against the LGBTQ+ community as well. #41. Hawaii Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 3 – Percent of police departments reporting data: 50.0% (2 of 4 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 2 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 1 In June 2022, Hawaii expanded protections for Hawaii’s LGBTQ+ community. The legislation package included anti-discrimination measures for gender-affirming health care and jury service, as well as a statewide LGBTQ+ commission. #40. Rhode Island Ramunas Bruzas // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 3 – Percent of police departments reporting data: 95.9% (47 of 49 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 2 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 1 Rhode Island is another state that has seen an increase in extremist activity related to antisemitism, racism, and anti-LGBTQ+ sentiment. The increase in hate crimes and violence has been linked to hate groups such as the Proud Boys, Oath Keepers, Patriot Front, and Nationalist Socialist Club. #39. Wyoming Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 4 – Percent of police departments reporting data: 72.5% (325 of 448 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 2 — Anti-Gay: 0 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 2 Wyoming is one of the only states left in the country without any criminal hate crime statutes. In 1998, a gay college student named Matthew Shepard was beaten and murdered in Laramie, sparking hate crime legislation in many states and even at the federal level. In the 20-plus years after this incident, Wyoming has attempted and failed to pass similar legislation multiple times. #38. Alaska Marc Cappelletti // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 4 – Percent of police departments reporting data: 76.9% (30 of 39 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 2 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 1 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 0 Experts say Alaska’s consistently low hate crime rate is a product of underreporting, not an absence of discrimination. In 2021, the Anchorage Field Office of the FBI initiated a statewide hate crime awareness and reporting campaign. The goal of the campaign was to spread awareness of what constitutes a hate crime and how to report it. #37. West Virginia Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 6 – Percent of police departments reporting data: 56.8% (247 of 435 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 3 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 1 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 2 West Virginia is another state that does not include sexual orientation or gender identity under its criminal hate crime statute. This was most recently upheld in a case that reached the West Virginia Supreme Court in 2017. The ruling affected the outcome of a case in the state where a college athlete accosted and assaulted two men after seeing them kiss in public. The ruling allowed the attacker to be tried on lesser misdemeanor charges. #36. Vermont Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 6 – Percent of police departments reporting data: 100.0% (88 of 88 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 4 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 2 Vermont recently added a provision to hate crime law to more effectively prosecute and win convictions for hate crimes. Previously, the law said the crime needed to be “maliciously motivated,” but the provision amended the language so that the actions needed to be motivated “in whole or in part by a victim’s perceived identity.” Another bill passed in 2021 bans defendants from using a victim’s identity as justification or defense for violence. #35. Louisiana Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 7 – Percent of police departments reporting data: 53.8% (136 of 253 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 4 — Anti-Bisexual: 1 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 2 Louisiana was the first state in the country to include firefighters and police officers as protected classes under hate crime law in 2016. Although the hate crime statute does not technically include gender identity as a protected factor, some transgender activists claim hate crimes actually do little to protect people and argue that more legislative protections in housing and employment would have a more meaningful impact on this community. #34. Montana Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 7 – Percent of police departments reporting data: 93.0% (106 of 114 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 3 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 1 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 3 Montana has some of the loosest firearm restrictions, the highest rates of household gun ownership in the country, and gun violence rates well above the national average. This context creates deadly conditions for actions of hate and prejudice. In 2021, a Montana man was tried and convicted for firing an assault rifle into a lesbian woman’s home in a self-described attempt to “rid the town of Basin of its gay and lesbian community.” #33. Arkansas Trong Nguyen // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 8 – Percent of police departments reporting data: 92.5% (285 of 308 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 2 — Anti-Bisexual: 2 — Anti-Gender-Nonconforming: 2 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 3 The Arkansas Legislature recently voted to change sentencing for perpetrators of hate crimes in a bill that the Human Rights Watch calls “vague and unenforceable.” The bill was first proposed to increase sentencing if the crime was predicated on the victim’s “race, color, religion, ethnicity, ancestry, national origin, homelessness, gender identity, sexual orientation, sex, disability, or service in United States Armed Forces,” but voted down. The passed bill allows prosecutors to seek longer prison terms for those who target anyone in a “recognizable and identifiable group,” without any specific enumeration of these groups. The Legislature passed a bill in the same session that allows medical workers to refuse treatment to LGBTQ+ people and in subsequent sessions has voted to impact the public lives of LGBTQ+ people in other ways. #32. Nebraska Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 8 – Percent of police departments reporting data: 94.3% (267 of 283 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 3 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 2 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 2 In May 2023, Nebraska passed a bill banning gender-affirming care for minors in a legislative session that also debated bans on drag performances and restricting bathroom spaces based on biological sex. State Sen. Senator Megan Hunt, one of only two LGBTQ+ legislators in Nebraska, claims the passage of the bill will increase the violence and hate crimes that trans people face. #31. New Hampshire Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 8 – Percent of police departments reporting data: 94.5% (208 of 220 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 3 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 1 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 4 The New Hampshire Attorney General’s office created a civil rights unit in 2017 with the specific task of identifying and investigating hate crimes. The unit has seen an increase in LGBTQ+-related hate crimes. Assistant Attorney General Sean Locke claims the unit’s goal is to increase reporting as a means to give law enforcement the resources to pinpoint the areas that need attention and protection. #30. North Dakota Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 8 – Percent of police departments reporting data: 100.0% (112 of 112 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 1 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 6 North Dakota attempted and failed to pass an updated hate crime statute in February 2023. The testimony from the bill’s hearing claims that North Dakota ranks #51 out of all states plus the District of Columbia for LGBTQ+ protections. #29. South Dakota Hank Shiffman // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 9 – Percent of police departments reporting data: 75.9% (110 of 145 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 2 — Anti-Gay: 2 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 5 South Dakota follows a similar trend to other Midwestern states with increased legislation restricting gender identity and expression and an uptick in hate crimes. The Anti-Defamation League also reports concern about the gaps in data collection and reporting in many Midwestern states including South Dakota, where 110 agencies reported hate crime data in 2021, down from 128 agencies in 2020. #28. Idaho Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 11 – Percent of police departments reporting data: 96.5% (110 of 114 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 2 — Anti-Gay: 4 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 5 The specifics of Idaho’s hate crime laws make prosecution especially difficult; the law requires the harassment or attack to intentionally target a person. Targeting public places or areas does not meet this qualification. The ambiguity in this definition created a legal loophole for events in 2022 including the posting of antisemitic flyers and swastika stickers posted on the Anne Frank Human Rights Memorial because no individual target was articulated. Advocates for Idaho’s hate crime victims formed an organization called Add the Words, which helps people access mental health and leave unsafe places of employment and harassment. #27. Iowa Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 13 – Percent of police departments reporting data: 75.4% (208 of 276 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 4 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 1 — Anti-Transgender: 2 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 6 In 2023, Iowa passed education reform that bans books that contain sexual content, restricts the teaching of LGBTQ+ content, and mandates schools to notify parents if a student requests new pronouns. The reform package was strongly opposed by LGBTQ+ groups, the Iowa State Education Association, and Iowa Safe Schools, who argued the legislation would cause irreparable harm to LGBTQ+ children and mandate discriminatory practices. #26. Kansas Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 15 – Percent of police departments reporting data: 82.5% (334 of 405 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 1 — Anti-Bisexual: 1 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 1 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 11 Several recent court cases in Kansas have set a clear legal course for the rights of LGBTQ+ youth. In 2022, a judge ruled that a public school policy cannot legally prevent teachers from outing LGBTQ+ youth to parents and guardians, and a Fort Riley teacher won a lawsuit in September 2022 in which she argued calling students by “preferred” names and pronouns violated her religious beliefs. The importance of using preferred pronouns and language around LGBTQ+ youth is affirmed by both LGBTQ+ advocacy groups and medical associations alike, such as the American Psychological Association and American Medical Association. #25. Oklahoma TLF Images // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 15 – Percent of police departments reporting data: 99.3% (452 of 455 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 10 — Anti-Bisexual: 2 — Anti-Gender-Nonconforming: 0 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 3 An attack on a gay man in Oklahoma City in 2020 sparked debate about appropriate consequences and punishment for hate crimes. After the beating of Christian Council, local LGBTQ+ advocacy groups fought for restitution rooted in restorative justice practices, claiming that jail time does not deter hate crimes. Restorative justice is a practice that seeks to address harm by working with the victim and the offender to repair the harm. #24. Connecticut Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 28 – Percent of police departments reporting data: 97.7% (129 of 132 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 1 — Anti-Gay: 7 — Anti-Bisexual: 0 — Anti-Gender-Nonconforming: 1 — Anti-Transgender: 2 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 17 In Maine, hate crimes targeting LGBTQ+ residents increased at a rate that outpaced even the national increase. Darcie McElwee, Maine’s U.S. attorney, is pursuing a plan for the state that includes more outreach and education of law enforcement to understand the population affected. #15. Utah Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 34 – Percent of police departments reporting data: 85.7% (126 of 147 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 6 — Anti-Gay: 6 — Anti-Bisexual: 1 — Anti-Gender-Nonconforming: 4 — Anti-Transgender: 5 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 12 LGBTQ+ people are a top target for hate crimes in Utah, and crimes consistently spike each year in June, when the community celebrates Pride. In 2021, three individuals were assaulted during a Pride event by an attacker using homophobic slurs; other violent incidents included threats and theft of Pride flags. #14. Nevada Jacob Boomsma // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 35 – Percent of police departments reporting data: 80.0% (56 of 70 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 4 — Anti-Gay: 13 — Anti-Bisexual: 1 — Anti-Gender-Nonconforming: 1 — Anti-Transgender: 4 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 12 In 2023, Nevada Gov. Joe Lombardo vetoed a bill barring people convicted of hate crimes from owning guns. At the same time, Nevada legislators are attempting to bolster civil rights for LGBTQ+ Nevadans by creating an LGBTQ+ Caucus. The two bills the Caucus is reintroducing include one requiring correctional facilities to accommodate adequate housing and security for transgender inmates and another ensuring insurance companies cover gender-affirming care. #13. Alabama Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 36 – Percent of police departments reporting data: 81.7% (356 of 436 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 0 — Anti-Gay: 18 — Anti-Bisexual: 2 — Anti-Gender-Nonconforming: 4 — Anti-Transgender: 0 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 12 Although Alabama passed state legislation in 2022 restricting issues of gender identity in schools and criminalizing gender-affirming care, activists in the state have accomplished LGBTQ+-inclusive, nondiscrimination legislation in the localities of Birmingham and the University of Montevallo. Activists hold the Vigil for Victims of Hate and Violence of Alabama every year at the state Capitol. The vigil is held in Montgomery on the anniversary of the beating and murder of Billy Jack Gaither in 1999. In 2023, the vigil held a moment of silence for Dana Martin, a Black transgender woman who was found shot in her car in 2019. #12. North Carolina Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 38 – Percent of police departments reporting data: 72.9% (387 of 531 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 5 — Anti-Gay: 9 — Anti-Bisexual: 1 — Anti-Gender-Nonconforming: 2 — Anti-Transgender: 1 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 20 North Carolina is currently advancing a bill that would limit instruction about sexuality and gender identity in K-4 classes, changing the nature of schools and belonging for LGBTQ+ youth. In a report of the 2021 Southern LGBTQ Experiences Survey, North Carolina teens reported experiences of violence and discrimination: Seventy-six percent of LGBTQ+ respondents in the state reported emotional violence related to their identity, and 21% reported physical violence. The top places where the state’s LGBTQ+ youth reported the most violence were their communities and schools, respectively. #11. Kentucky Canva – Total reported anti-LGBTQ+ hate crimes, 2021: 41 – Percent of police departments reporting data: 91.2% (426 of 467 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 3 — Anti-Gay: 7 — Anti-Bisexual: 6 — Anti-Gender-Nonconforming: 6 — Anti-Transgender: 7 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 23 A bill that would not only ban gender-affirming care for trans minors but force doctors to detransition any youth in their care spurred a massive protest in Kentucky in March 2023. Opponents argued the bill would increase the risk of suicide for trans youth. Advocacy groups are working in local areas to fight the effects of the bill. A group in Lexington presented a petition to the County Council in March 2023 suggesting new ways to protect the gay community from the impact of statewide legislation. #10. Missouri Paul Brady Photography // Shutterstock – Total reported anti-LGBTQ+ hate crimes, 2021: 44 – Percent of police departments reporting data: 81.4% (481 of 591 departments) – Number of hate crimes per bias motivation — Anti-Lesbian: 5 — Anti-Gay: 17 — Anti-Bisexual: 3 — Anti-Gender-Nonconforming: 3 — Anti-Transgender: 6 — Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group): 11 Missouri reported its highest-ever number of hate crimes in 2021; Kansas City reported the largest number of any jurisdiction, at 39. The FBI categorized racial bias as the leading cause, and gender and sexuality as the second most prevalent. The six incidents of anti-trans hate crimes are the highest number ever reported in Missouri. In 2023, Missouri passed legislation banning gender-affirming care for minors, and the American Civil Liberties Union of Missouri stated: “The Jefferson City politicians’ intentional choice to abuse transgender Missourians will devastate trans people and their families.” #9. Georgia
States with the most anti-LGBTQ+ hate crimes
