Hate Crimes in South Carolina: A Complicated Struggle

COLOMBIA, S.C. — Jarvis McKenzie couldn’t shake the deep sense of hatred he felt when he locked eyes with a man in a car. What kind of world is this? The man shouted threats and fired a rifle over McKenzie’s head, prompting him to duck behind a wall. It was clear, this was about race.

It’s been a month since that distressing encounter, and McKenzie reflects on it, knowing that South Carolina, alongside Wyoming, lacks comprehensive hate crimes legislation.

In recent efforts, about 20 local governments in South Carolina have enacted their own hate crime ordinances, hoping to push state lawmakers to pass stronger laws that would impose tougher penalties on crimes fueled by hatred based on race, religion, sexual orientation, gender, or ethnicity.

Despite a decade of advocacy from businesses, survivors of the tragic Charleston Church shooting, and even some Republicans, state senators have remained unmoved.

Local Governments Take Action, But Challenges Persist

Richland County, where McKenzie resides, has its own hate crime ordinance in place. Notably, it highlighted a disturbing incident where a white man was caught on security footage shooting into a car that shared a connection to this ordinance.

However, the impact of these local laws is limited; they usually result in minor misdemeanors, translating to sentences of mere months in jail. Business leaders are urging more serious proposals that would lengthen sentences for violent crimes.

For a year, McKenzie has waited in the same spot at 5:30 AM for his ride to work. Now, every outing is tinged with anxiety. “It’s tough knowing that I’m standing here every morning, unsure if that man has noticed me before,” he expressed.

The Legislative Standstill on Hate Crimes

After nine black individuals were tragically shot in Charleston in 2015, the absence of statewide hate crime laws became glaringly evident. The resurgence of racial issues in 2020 pushed business leaders to prioritize the issue, and a version of the bill passed in the House in 2021.

Yet, when it came time for a vote in the Senate during subsequent sessions in 2021 and 2023, the bill stagnated. Supporters suspect that while more moderate Republicans may back it, procedural maneuvers have kept it off the calendar.

The discussions surrounding the bill often vanish, only re-emerging when the Senate addresses other topics. When questioned about the lack of action, Republican Senate leadership pointed to concerns over a bill that they argue could promote division rather than unity.

Arguments Surrounding Federal Hate Crimes Law

Some opponents highlight existing federal hate crime regulations, contending that they are sufficient, especially since individuals involved in the Charleston Church shooting face federal consequences.

However, as pointed out by Richland County Sheriff Leon Lott, federal authorities have limitations in prosecuting juvenile cases and lack the resources that state agencies possess. “It’s really straightforward. If a crime is committed against someone due to their identity, we recognize it as such,” he argued.

During legislative discussions, senators expressed frustration that issues like penalties for assaults against workers seemed to garner quicker action than hate crimes legislation.

Proponents of stronger hate crime laws assert that the resistance to these initiatives in South Carolina sends a troubling message, suggesting it is acceptable to target individuals based on their identity.

Local Leadership Stands Firm

Governor Henry McMaster acknowledges the rationale behind local governments adopting their own ordinances but maintains that existing laws on violent crimes provide judges with adequate tools for punishment driven by hatred.

“Hate is an undeniable component in many crimes,” he asserted, offering a rather ambiguous stance on the necessity for new hate crime legislation.

Nevertheless, Sheriff Lott believes it’s essential to bolster protections for all individuals, regardless of their race or religion, as prescribed by the Constitution.

While the man charged with assaulting McKenzie could face a significant prison sentence if convicted, McKenzie feels an unsettling awareness, as if eyes are constantly watching him. “It’s unsettling,” he admitted. “I can’t help but feel like someone’s following me.”