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Which group is protected under the federal hate crimes code but not the state?

1) Option 1
2) Option 2
3) Option 3
4) D) Option 4

1 Answer

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Final answer:

The LGBTQ group is protected under the federal hate crimes code, specifically by the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which includes sexual orientation and gender identity, but this group may not be protected under all state hate crime laws. (option D)

Step-by-step explanation:

The group protected under the federal hate crimes code but not necessarily under all state codes is LGBTQ individuals. This became part of federal law with the enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which expanded the existing federal hate crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. The Act was a significant advancement in federal legislation, as it extended protections to a group that faced discrimination and was not uniformly protected at the state level.

While many states have their own hate crime laws, these can vary significantly in terms of who is protected. Prior to the federal law, not all states recognized sexual orientation and gender identity as categories protected from hate crimes. The expansion at the federal level provided a nationwide standard for prosecuting crimes against LGBTQ individuals that are rooted in prejudice and hate. Therefore, it's important to acknowledge that while federal law includes protections for LGBTQ individuals, state laws may not offer the same breadth of protection, often leaving it up to federal authorities to prosecute such crimes when state laws fall short.

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