Gay and trans panic fens n allow people charged wh the murrs of LGBTQ people to receive a lser sentence by “placg the blame for homici on a victim’s actual or perceived sexual orientatn or genr inty.”
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
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.” * 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.
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 *
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. The gay/trans panic fense has not always been succsful.
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 *
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.
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.
NEW HAMPSHIRE MOV TO OUTLAW ‘GAY PANIC’ FENSE
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.
LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
What is the gay panic fense?
SOUTH ATRALIA BE FAL STATE TO ABOLISH 'GAY PANIC' MURR FENCE
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. 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.
VIRGIA BE THE FIRST STATE THE SOUTH TO BAN GAY AND TRANS PANIC AS A 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.
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.
'GAY PANIC' DEFENSE BAN BACK ON TRACK NEW HAMPSHIRE
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.