Gay Panic, Gay Victims, and the Case for Gay Shield Laws by Kelly Strar, Molly Selv, Ldsey Hay :: SSRN

Contents:

• THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
• GAY AND TRANS ‘PANIC’ IS STILL BEG USED TO JTIFY ANTI-LGBTQ ATTACKS
• 'GAY PANIC' FENSE STILL ED VLENCE S MAY BE BANNED BY NEW FERAL BILL
• BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US
• THE END OF THE GAY-PANIC LEGAL DEFENSE
• GAY PANIC, GAY VICTIMS, AND THE CASE FOR GAY SHIELD LAWS
• CRIMAL RPONSIBILY, DIMISHED CAPACY, AND THE GAY PANIC DEFENSE
• LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
• BANNG THE USE OF GAY AND TRANS PANIC DEFENS
• GAY AND TRANS PANIC FENS NTUE TO BE ED URT S MANY US STAT

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.

GAY AND TRANS ‘PANIC’ IS STILL BEG USED TO JTIFY ANTI-LGBTQ ATTACKS

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.

'GAY PANIC' FENSE STILL ED VLENCE S MAY BE BANNED BY NEW FERAL BILL

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.

BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US

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.

THE END OF THE GAY-PANIC LEGAL DEFENSE

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.

Gay And Trans ‘Panic’ Is Still Beg Used To Jtify Anti-LGBTQ Attacks.

GAY PANIC, GAY VICTIMS, AND THE CASE FOR GAY SHIELD LAWS

The area where Bond was shot was known as a gay cisg area, acrdg to a report Out Magaze. Wells’s statement shocked queer activists, who have e to ll the claim and others like the gay and trans panic fens.

CRIMAL RPONSIBILY, DIMISHED CAPACY, AND THE GAY PANIC DEFENSE

The gay and trans panic fens are not crimal legal fens on their own, like self-fense, but stead ed to argue provotn, dimished pacy, or sany, as well as self-fense, acrdg to Carsten Andren, a crimal jtice profsor at St. “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. The Williams Instute at the UCLA School of Law recently found that gay and trans panic fens have appeared publicly reported urt opns roughly half of U.

LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS

Andren and other crics of the gay and trans panic fens said there is a signifint difference between claims of self-fense and crim that show an obv anti-queer bias.

Rick Garcia, Equaly Illois’ polil director at the time, blamed the acqutal on the gay panic fense.

BANNG THE USE OF GAY AND TRANS PANIC DEFENS

“The gay panic fense is passe but, unfortunately, still works some plac, ” Garcia told the Chigo Tribune.

“It seems to me that this jury based s verdict not on the facts but on ep seated anti-gay sentiment. Kristen Brow, -chairperson of the Natnal Trans Bar Associatn, said the gay and trans panic fens particularly impact transgenr women bee of the disproportnate vlence they face.

“And that is what [the gay and trans panic fense] is sayg.

GAY AND TRANS PANIC FENS NTUE TO BE ED URT S MANY US STAT

In the face of adly vlence agast trans people, some legislators have ma efforts, wh varyg succs, to ban the gay and trans panic fens urtrooms across the untry.

Senator Ed Markey of Massachetts and Reprentative Chris Pappas of New Hampshire, both Democrats, troduced the Gay and Trans Panic Defense Prohibn Act.

"We’re micians and all that kd of stuff, but I’m not a gay guy, " Miller told police later, The At Amerin-Statmen the trial, Miller explaed his actns g a "gay panic" fense that has been ed sce the 1960s more than half of U. However, a jury sentenced Miller to six months jail, 10 years of probatn and 100 hours of muny e of gay panic and "trans panic" fens ntu to be legal 47 stat, although three stat have outlawed sce two Massachetts lawmakers are tryg to prevent the fense om beg ed feral urts wh a bill troduced Congrs last Miller an undated County Sheriff's OfficeSen.