Apr 15, 2021. S. 1137 (117th). A bill to amend tle 18, Uned Stat Co, to prohib gay and trans panic fens. In , a database of bills the U.S. Congrs.
Contents:
- THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
- COURTS 39 AMERIN STAT STILL ADM THE “GAY-PANIC” FENCE
- THE END OF THE GAY-PANIC LEGAL DEFENSE
- GAY/TRANS PANIC DEFENSE BANS
- S. 1137 (117TH): GAY AND TRANS PANIC DEFENSE PROHIBN ACT OF 2021
THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
The gay/trans panic legal fense legimiz and exc vlent and lethal behavr agast members of the LGBTQ+ muny. The fense is fed by the LGBT Bar as “a legal strategy which asks a jury to fd that a victim’s sexual orientatn or genr inty is to blame for the fendant’s vlent reactn, cludg murr.” * the gay defense *
The gay/trans panic legal fense legimiz and exc vlent and lethal behavr agast members of the LGBTQ+ muny. Over the urse of lbian, gay, or bisexual people's lifetim, one five will experience hate crim, and one four transgenr people will as dividuals at the tersectn of homophobia, transphobia, and racism, face worse statistics. As of July 1, 2019, eight stat have passed legislative bans on the e of gay/trans panic as a legal fense: California, Illois, Rho Island, Nevada, Connecticut, Mae, Hawaii, and New York.
It mt be noted that gay/trans panic is not an affirmative legal fense; is a tactic to strengthen the fense by playg on prejudice. Dpe bunkg "gay panic disorr, " and s removal om the DSM by the Amerin Psychologil Associatn 1973, legal fense teams ntue to e the 1954 murr of William T.
Simpson North Miami, FL, the fendants claimed that they shot Simpson, a gay man, while "ristg his advanc, " th utilizg the provotn fense. Even though the fendants were crimals who equented that area of highway to rob drivers, and tentnally targeted homosexual victims, the fendants were nvicted of manslghter rather than first-gree murr.
COURTS 39 AMERIN STAT STILL ADM THE “GAY-PANIC” FENCE
This map picts bans on so-lled "gay and trans panic" fens the Uned Stat. The fens are based irratnal fears and prejudice toward LGBTQ people, and they imply that vlence agast LGBTQ people is acceptable or unrstandable unr certa ndns. * the gay defense *
The fense aga utilized the provotn fense, cg that the nature of the note and Amre's homosexualy was enough to send Schmz to a panic and kill Amre. The gay/trans panic fense has not always been succsful.
The gay/trans panic fense was emed admissible, not due to the illegimacy of the gay/trans panic fense, but stead due to Wyomg's statutory sany fense nstct. Currently, there are several other state legislative efforts to ban and nounce the legimacy of the gay/trans panic fense.
At the feral level, the Equaly Act, which bans the gay/trans panic fense, has jt been troduced. Help to end this discrimatn by supportg legislative bans on the gay/trans panic steps you n, and should, take are as follows:Contact legislators and ernors stat currently tryg to ban the gay/trans panic fense.
THE END OF THE GAY-PANIC LEGAL DEFENSE
Be sure to reach out to feral legislators as an advote stat where there is currently no proposed gay/trans panic ban your own policians know that equaly unr the law should apply to the victims of hate crim as well. He was also gay.
Mr Miller troduced the “gay-panic” fence urt, argug that at some pot on the night of the murr, Mr Spencer had tried to kiss him. The victim’s apparent homosexualy had ma Mr Miller fearful for his safety and th dimished his rponsibily.
GAY/TRANS PANIC DEFENSE BANS
The “gay- panic” fence remas legally admissible 39 stat acrdg to the Movement Advancement Project, a thk-tank. Although attus to homosexualy have changed sce then, the law some plac has fence is “the problem hidg unr the sofa”, says Jason Marsn, executive director of the Matthew Shepard Foundatn, which lobbi agast hate crim.
S. 1137 (117TH): GAY AND TRANS PANIC DEFENSE PROHIBN ACT OF 2021
Lawyers for Col Fergon, a Jamain immigrant who killed six people on a tra New York 1993, pursued a “black-rage” fence, claimg that a lifetime of racial prejudice had driven Mr Fergon sane (they were unsuccsful) the track rerd of the “gay-panic” fence mak particularly egreg.