The term "hate crime" first appeared in the American lexicon in the late 1980s. While this term is widely accepted and used, the expression can be misleading because it incorrectly characterizes hatred as a determinant factor for this crime typology. What distinguishes hate crimes from all others is the type of offense borne out of bias toward a specific group of people. The U.S. government has long recognized bias crimes and responded with the Civil Rights Act of 1968 [18 U.S.C. §245] to give added protection to individuals based on their race, color, religion, or national origin. Sexual orientation is noticeably absent from this list of federally protected classifications. While the government officially recognizes sexual orientation as an established hate crime target, despite the growing frequency of these crimes, this group has no federal protection equal to those safeguarded under 18 U.S.C. §245. Current research indicates antigay hate crimes are typically the most violent. Federal hate crime statistics rank antigay hate crime third in frequency; due to the nature of underreported antigay hate crimes, it is elevated to second place. There have been numerous attempts to enhance federal prosecution to include sexual orientation commensurate with 18 U.S.C. §245; all have been thwarted. To propose justification for amending 18 U.S.C. §245 to include sexual orientation, a historical perspective on hate crime legislation and statistical analysis of antigay hate crime is provided to validate the need for granting extra protection to U.S. citizens who are members of this marginalized group. To understand antigay hate crime is to distinguish the hate crime perpetrator. Psychological profiling addressing this phenomenon is offered to demonstrate salient characteristics of the offender. With the victim likely to suffer more than twice as long as non bias-motivated crime victims, the deleterious effects are longer lasting, often permanent. In response to this victimization, the psychological and outlying ripple effects of antigay hate crime are addressed. From this evidence, the dissertation proposes the amending of 18 U.S.C. §245 to include sexual orientation within the same protective parameters. Finally, persuasive debate is provided in anticipation of opposing arguments should legislative change occur.