TAKING CARE OF OUR OWN

Across our LGBTQ history, there is a common thread. Despite change and the passage of time, we never let go of this thread. It is our legacy: Taking care of our own, forming a family of choice. When reflecting on the Stop the Hate campaign, we see fierce advocacy and the very spirit of taking care of our own. That thread being carefully woven into systematic and governmental change. A thread that ensures civil liberty. Our thread that allows us to be out, be proud, and be safe.  

Our Stop the Hate Vision: A safe, equitable California for the LGBTQ community and other populations impacted by hate.

The RAGE Monthly supports the Stop the Hate initiative by featuring diverse stories, engaging with guest columnists, and spotlighting community organizations. As storytellers, we work to deepen reader empathy, promote safety, build awareness of victim services, and inspire greater cultural understanding and collaboration.

So, we remind you to hold onto this precious thread and watch out for each other. If you observe or are the target of a hate incident or a hate crime, reach out to your local LGBTQ center, a family justice center, the Stonewall Citizen’s Patrol, or your local police.

The makings of a hate crime: In California, our judicial system puts hate motivated activity in two main categories, hate crime or hate incident. 

Hate crime: A crime against a person, group or property motivated by the victim’s real or perceived protected social group. You may be the victim of a hate crime if you have been targeted because of your actual or perceived: disability, gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person or group with one or more of these actual or perceived characteristics. Hate crimes are serious crimes that may result in imprisonment or jail time.

Hate incident: An action or behavior motivated by hate but which, for one or more reasons, is not a crime. Examples of hate incidents include:

• Name-calling
• Insults
• Displaying hate material on your own property
• Posting hate material that does not result in property damage
• Distribution of materials with hate messages in public places

The U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. While these acts are certainly hurtful, they do not rise to the level of criminal violations and thus may not be prosecuted. However, it is important to note that hate speech and hate incidents have a traumatic impact on the victims as well as on the community at large and can lead to a hate crime.

In California, under the Ralph Act, Civil Code § 51.7, your civil rights may be violated if you have been subjected to hate violence or the threat of violence — even where the incident does not rise to the level of a hate crime and may be otherwise constitutionally-protected from prosecution by the government — because of your actual or perceived: sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, immigration status, political affiliation, and position in a labor dispute. A civil violation may result in restraining orders, injunctive and/or equitable relief, damages, a civil penalty of $25,000, and attorney’s fees.