Both are happening. However, basic employment protections are near impossible to gain in some states, such as the deep south.
On hate crimes, however, I disagree. A hate crime is not about targeting one particular individual; it is a terrorist act designed to instill fear in a community. A burning cross, a lynching is to create fear in black people, for example. "Don't date white women" was one in the 60s south. Attacking someone in front of a gay establishment is a clear message to invoke fear of congregation in the gay community.
It's too subjective. With enough imagination and the right judge and lawyer almost anything can be spun into a hate crime. History indicates that would inevitably happen. Look at the ridiculous applications of RICO and Patriot Act.
And it's all pointless. Assaulting people (instilling fear of physical harm) is already a crime. There's just no need to complicate it.
Now, I'm against employment protections period. But if I weren't, I certainly wouldn't want the feds involved. Inviting the federal government into an area has typically proven to get you far from what you want. People should focus on state laws. If you're in a state with laws you don't like, then move.
On hate crimes, however, I disagree. A hate crime is not about targeting one particular individual; it is a terrorist act designed to instill fear in a community. A burning cross, a lynching is to create fear in black people, for example. "Don't date white women" was one in the 60s south. Attacking someone in front of a gay establishment is a clear message to invoke fear of congregation in the gay community.