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.”
Contents:
- THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
- GAY/TRANS PANIC DEFENSE BANS
- UGANDA'S LGBTQ MUNY IS ' SHOCK' OVER NEW MEASURE, GAY ACTIVIST SAYS
- NEW HAMPSHIRE MOV TO OUTLAW ‘GAY PANIC’ FENSE
- LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
- SOUTH ATRALIA BE FAL STATE TO ABOLISH 'GAY PANIC' MURR FENCE
- VIRGIA BE THE FIRST STATE THE SOUTH TO BAN GAY AND TRANS PANIC AS A FENSE
- 'GAY PANIC' DEFENSE BAN BACK ON TRACK NEW HAMPSHIRE
THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
* gay panic law *
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. 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.
GAY/TRANS PANIC DEFENSE BANS
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. * gay panic law *
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.
UGANDA'S LGBTQ MUNY IS ' SHOCK' OVER NEW MEASURE, GAY ACTIVIST SAYS
A Christian graphic artist who the Supreme Court said n refe to make weddg webs for gay upl poted durg her lawsu to a requt om a man named “Stewart” and his hband-to-be. * gay panic law *
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. 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. On January 21, New Jersey beme the nth state the natn to ban the gay panic fense, a strategy that the ernor said is “rooted homophobia.
Carsten Andren, a crimal jtice scholar, has been buildg a database of murr s that e the gay panic fense.
NEW HAMPSHIRE MOV TO OUTLAW ‘GAY PANIC’ FENSE
What is the gay panic fense? The offenr the gay panic fense as an exce or jtifitn to try to eva punishment for the crime of murr.
In this stance, the gay panic fense was succsful.
LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
Two events put me on a path to rearchg the gay panic fense. At the nference, my ey opened to the obstacl that the LGBTQ+ muny fac a state like Texas, where there is history of homophobia that ntu to the prent day. A few days after his ath, I learned for the first time that he was gay, and realized that he had lived an almost pletely closeted life.
Both of the thgs disquieted me and set the stage for my future rearch on the gay panic fense.
How mon is the gay panic fense? It is also difficult to get rmatn about murrs where offenrs e a gay panic fense urt. Based on my early analysis, fense attorneys who enter gay panic fens n rce a fendants’ murr charg 32% of the time, even though the majory of the homicis volve credible vlence.
SOUTH ATRALIA BE FAL STATE TO ABOLISH 'GAY PANIC' MURR FENCE
Victims who live a closeted gay life are pecially vulnerable. The offenrs the s seemed to take advantage of this “secret” after they were arrted to ultimately nstct a nefar portra of the victims their gay panic fense urt. In 2013, the Amerin Bar Associatn lled a proclamatn for stat to prohib the gay and trans panic fens.
Sce then, ne stat have passed legislatn prohibg the gay panic fense. Yet, this legislatn do not necsarily signal an end to homophobia the urtroom. Fally, the legal scholar Cynthia Lee has wrten about how offenrs n go around prohibns issued by judg to troduce gay panic fense strategi.
In the Matthew Shepard murr trial, the fense attorney troduced two wns to ttify that the victim was sexually assertive, even though the judge had prohibed them om g a gay panic fense. The so-lled "gay and trans panic" fens are legal strategi which, acrdg to the Amerin Bar Associatn, "seek to partially or pletely exce crim such as murr and asslt on the grounds that the victim's sexual orientatn or genr inty is to blame for the fendant's vlent reactn. " Rearch by the Williams Instute shows that "no state regniz gay and trans panic fens as etandg fens unr their rpective penal s, " but fendants have ed panic fens njunctn wh other fense strategi to attempt to rce the severy of their charg or 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.
VIRGIA BE THE FIRST STATE THE SOUTH TO BAN GAY AND TRANS PANIC AS A FENSE
KAMPALA, Uganda — Members of Uganda’s LGBTQ muny are shock and fear beg arrted after Parliament passed a measure that would make a crime to intify as gay and impose tough sentenc that clu the ath penalty certa s, an activist said “Anti-Homosexualy Bill, 2023” was passed wh a near-unanimo majory by lawmakers the east Ain untry, where anti-gay sentiment ns ep. Ronald Kabuubi / APThe legislatn will next be sent to Print Yoweri Meveni, who has repeatedly nounced homosexualy, to be signed to Mugisha, one of a few Ugandans who live openly as gay, told Rters he was sred the measure would trigger “mass arrts of lbian, gay, bisexual, transgenr and queer persons and mob vlence toward LGBTQ muni. There’s gog to be a lot of trma and s of mental health that will lead to a lot of suici, ” he relatns were already illegal Uganda, but supporters of the new law say is need to punish a broar array of LGBTQ activi, which they say threaten tradnal valu the nservative and relig East Ain measure clus steep sentenc that clu ath for “aggravated homosexualy” and life prison for same-sex relatns.
Aggravated homosexualy volv same-sex relatns wh people unr age 18 or when the perpetrator is HIV-posive, among other tegori, acrdg to the legislatn. New Hampshire is movg to outlaw s “gay panic” fense, by which a fendant may claim they were provoked to vlent actn by the victim’s sexual orientatn or genr inty.
'GAY PANIC' DEFENSE BAN BACK ON TRACK NEW HAMPSHIRE
“Gay panic” fens have been ed sce the 1960s, acrdg to the Williams Instute, and have been succsful some s. The Amerin Bar Associatn 2013 nounced “gay panic” and “trans panic” fens.
New Hampshire has ched closer to outlawg s “gay panic” fense, a legal strategy ed to exce the often vlent actns of fendants acced of mtg crim agast the LGBTQ+ muny.
New Hampshire’s Hoe last week voted to outlaw s “gay panic” fense a 223-118 vote, The Associated Prs reported. The Amerin Bar Associatn 2013 nounced “gay panic” and “trans panic” fens, and homosexual panic is not regnized as a mental disorr by the Amerin Psychiatric Associatn. “There’s a hazardo byproduct of puttg out all the toxic ias about gay people and other LGBTQ+ people — this ia that they’re predatory.