Fact check/Do FBI crime statistics show increased LGBT hate crimes in North Carolina since the passage of HB2

{{DISPLAYTITLE: Fact check: Do FBI crime statistics show increased LGBT hate crimes in North Carolina since the passage of HB2?}

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December 22, 2016
By Fact Check by Ballotpedia staff

Following the release of the FBI’s latest Hate Crime Statistics report, the Daily Tar Heel noted that the largest increase in reported hate crimes in North Carolina was in the category of sexual orientation, which rose from 23 reported incidents in 2014 to 37 reported incidents in 2015.

The Tar Heel interviewed Ben Graummann, a spokesman for Equality N.C., who said “he didn’t know the specific cause of the spike in hate crimes, but he believed House Bill 2 could play a role.”

“We’ve seen an overall trend in the increase of hate crimes against LGBT people in the community and this coincides directly with what we’re hearing from our members who are feeling unsafe in their communities as a result of HB2,” Graummann told the Tar Heel.

House Bill 2 states, in part: “Local boards of education shall require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex,” and “Public agencies shall require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex."

Does the FBI report document an increase in the number of reported hate crimes against LGBT people in the wake of HB2?

No. The latest FBI report only covers incidents that occurred in 2015, and HB2 wasn’t introduced in the General Assembly until March 23, 2016. Moreover, the methodology used to compile the data prevents a credible comparison of reported hate crimes year over year.

The FBI and hate crime statistics

The Hate Crime Statistics Act of 1990 requires the U.S. Attorney General to collect data “about crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity.” Since 1990, it has been the responsibility of the FBI’s Uniformed Crime Reporting Program to compile this data. Beginning in 1992, the FBI has published an annual Hate Crime Statistics report, with information on reported incidents of “single bias” hate crimes. (An incident may have involved multiple offense—for example, aggravated assault and robbery—but as long as the offenses are considered to be motivated by the same bias, it is reported as a single incident.)

The FBI relies on data reported by state and local law enforcement agencies. Participation in the hate crime reporting program is voluntary, and each agency determines whether an incident constitutes a hate crime based on FBI guidelines.

Prior to 2013, the FBI report listed five categories of hate crimes: race, religion, sexual orientation, ethnicity, and disability. In 2013, gender and gender orientation were added, as required under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009. In 2015, race and ethnicity were combined into a single category of “Race/Ethnicity/Ancestry.”

The statistics in the FBI report reflect incidents reported by law enforcement agencies whether there has been an arrest, indictment or trial. The FBI does not adjust the data if a reported incident is later determined to not qualify as a hate crime.

The FBI statistics for North Carolina

Since 2006, the FBI reports have included the number of law enforcement agencies in each state that participate in the hate crime reporting program. In North Carolina, the number of participating agencies has changed every year, from a low of 369 in 2007 to a high of 532 in 2015 Because the number of agencies fluctuates annually, any change in the number of reported incidents could reflect differences in the agencies participating in the program.

The increase in reported hate crimes against LGBT individuals noted by the Tar Heel, from 23 incidents in 2014 to 37 in 2015, coincided with an increase in the number of law enforcement agencies in North Carolina participating in the FBI reporting program. In 2014, 524 agencies participated compared to 532 in 2015.

Nationwide, the number of law enforcement agencies participating in the FBI reporting program varied from 12,620 in 2006 to 14,997 in 2015.

HB2

House Bill 2 was introduced on March 23, 2016, during a one-day special session of the General Assembly of North Carolina. The House of Representatives passed HB2 by a vote of 82-26, and the Senate passed the bill by a 32-0 vote. Gov. Pat McCrory (R) signed the bill into law the same day.

Eleven Democrats joined all Republicans voting in the House in favor of HB2. In the Senate, all 11 Democrats walked out of the chamber rather than participate in the vote.

On December 21, 2016, the General Assembly held a special session to consider a bill repealing HB2. The bill was rejected in the Senate on a vote of 16 to 32. The vote was along party lines, with Democrats voting in favor of the bill and Republicans voting against it. The House adjourned without voting on the bill.

Conclusion

The Daily Tar Heel took note of a spike in reported hate crimes in North Carolina against LGBT people in the latest release of the FBI’s Hate Crime Statistics report. Ben Graumann, a spokesman for Equality N.C., was quoted by the paper saying, “We’ve seen an overall trend in the increase of hate crimes against LGBT people in the community and this coincides directly with what we’re hearing from our members who are feeling unsafe in their communities as a result of HB2.”

The FBI’s hate crime report showed an increase in the number of reported incidents against LGBT individuals. However, the report covers incidents that occurred in 2015, and HB2 wasn’t introduced in the General Assembly of North Carolina until March 23, 2016. Moreover, the methodology used to compile the data prevents a credible comparison of reported hate crimes year over year.

See also

• Fact check/Did Stockton, California, have “its lowest crime rate in the past 15 years” in 2014?
• Fact check/Has crime increased in Missouri on Attorney General Chris Koster’s watch?
• Fact check/Did violent crime increase 10 percent in California under Attorney General Kamala Harris?

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