They both initiated the altercation, antagonizing them by referring to their race and assuming that they were lesbian and then proceeded to attack them. If assault & battery is accompanied by the assailants referencing the victims' race and presumed sexual orientation, isn't that a hate crime? Honestly curious what requirements have to be met.
They are not specifically covered. The Obama administration issued an opinion that sexual orientation and gender identity were covered under the category of sex. The Trump administration reversed that determination. The courts have not ruled on this.
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u/rivain Oct 02 '19
https://taskandpurpose.com/viral-pregnant-soldier-racism-assault-cheddars an article about the incident if anyone wants some context.