GA House Retains Hate Crime Protection, Targets Trans Sports

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    In a significant political decision, the Georgia state House decided not to pursue alterations to the state’s hate crimes legislation that might have removed protections for crimes against transgender individuals. This decision comes even as lawmakers advance efforts to formalize limitations on sports participation for transgender students.

    The representatives passed House Bill 267 with a 102-54 vote on Thursday. However, house leaders had previously removed aspects of the bill intended to modify the hate crimes law, originally enacted in 2020 following the tragic death of Ahmaud Arbery. Notably, Democrats Lynn Heffner, Tangie Herring, and Dexter Sharper voted in favor, while several other Democratic members abstained.

    The bill now moves to the Senate, which has introduced its own version of the proposed legislation. Currently, the state’s high school athletic association has a policy prohibiting transgender students from participating in girls’ sports. Republican leaders argue that this restriction should be solidified in law and expanded to cover colleges and universities. Similar laws have been enacted in 25 other states.

    Republican lawmakers in both chambers have made it a priority to ban transgender girls from joining girls’ sports this year, paralleling efforts at the federal level promoted by former President Donald Trump. Rep. Josh Bonner, a Republican from Fayetteville who sponsored the bill, argued that “female athletes deserve fair competition,” which requires maintaining separate divisions for male and female athletes.

    The bill, influenced significantly by the Christian conservative group Frontline Policy, seeks to replace most instances of “gender” with “sex” within state law. Democratic Rep. Karla Drenner from Avondale Estates condemned the measure, describing it as a “calculated, dangerous, deeply discriminatory piece of legislation that extends well beyond sports.”

    Rep. Drenner, the first openly LGBTQ+ member elected to the Georgia legislature, further criticized the bill, labeling it as an effort to effectively disregard the existence of transgender Georgians. Initially, the bill would have removed gender from the hate crimes law, which is designed to protect against crimes motivated by sex or gender bias. Democrats expressed concerns that this change could hinder the prosecution of hate crimes against transgender individuals. House Democratic Caucus Leader Tanya Miller warned that such changes could lead to increased vulnerability for transgender Georgians.

    Bonner explained on Wednesday his decision to remove the gender-related changes, noting it came from “an overabundance of caution and concern” following legal advice suggesting the amendment might not hold up under court review. He emphasized that “nothing changes in that regard from the original bill” that was passed several years prior.

    Georgia’s hate crimes statute was enacted in a highly charged atmosphere shortly after Ahmaud Arbery was fatally shot by two white men near Brunswick while jogging. This law was significant as the state had been without hate crimes legislation following a court ruling that nullified a previous version.