The End of the Gay-Panic Legal Defense | The New Yorker

Contents:

• THE COMPLEX HISTORY OF 'GAY PANIC' AND THE 2001 THRILLER THE DEEP END
• THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
• WHEN IS "GAY PANIC" ACCEPTED? EXPLORG JUROR CHARACTERISTICS AND CASE TYPE AS PREDICTORS OF A SUCCSFUL GAY PANIC DEFENSE
• THE LONG, SORDID HISTORY OF THE GAY CONSPIRACY THEORY
• GAY RIGHTS
• ALLEGED 'GAY PANIC FENSE' TEXAS MURR TRIAL STUNS ADVOT
• THE END OF THE GAY-PANIC LEGAL DEFENSE
• SA LED THE WAY FOR MANY REFORMS, SO WHY IS 'GAY PANIC' STILL A FENCE?
• 'GAY PANIC' FENSE STILL ED VLENCE S MAY BE BANNED BY NEW FERAL BILL
• IN POWERFUL REBE OF HATE, JAGUARS' KEV MAXEN MAK HISTORY G OUT AS GAY
• JACKSONVILLE JAGUARS ASSISTANT COACH KEV MAXEN MAK HISTORY AFTER COMG OUT AS GAY

THE COMPLEX HISTORY OF 'GAY PANIC' AND THE 2001 THRILLER THE DEEP END

Acrdg to Delegate Dani Roem, who troduced the bill, “you n’t say, ‘That person beg gay is the reason I asslted or killed them, or the reason why my sentence should be rced.

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. 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.

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.

THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT

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. 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.

WHEN IS "GAY PANIC" ACCEPTED? EXPLORG JUROR CHARACTERISTICS AND CASE TYPE AS PREDICTORS OF A SUCCSFUL GAY PANIC DEFENSE

"Gay panic" refers to a suatn which a heterosexual dividual charged wh a vlent crime agast a homosexual dividual claims they lost ntrol and reacted vlently bee of an unwanted sexual advance that was ma upon them. This study utilized 249 mock jurors to asss the effects of se type (asslt or homici) and juror characteristics (homophobia, relig fundamentalism, and polil orientatn) on the succs of the gay panic fense pared wh a ntral provotn fense. This study furthers the unrstandg of cisn makg s volvg the gay panic fense and highlights the need for more rearch to be nducted to help unrstand and bat LGBT (lbian, gay, bisexual, and transgenr) prejudice the urtroom.

Men who have sex wh men were, and still are, disproportnately impacted by HIV bee transms much more easily through anal sex than through vagal first official ernment report on AIDS me on June 5, 1981, the Morbidy and Mortaly Weekly Report, a ernment bullet on perplexg disease s: “In the perd October 1980-May 1981, 5 young men, all active homosexuals, were treated for bpsy-nfirmed Pnmocystis rii pnmonia at 3 different hospals Los Angel, California.

”In a 1983 appearance on NBC's "Today" show, activist and Gay Mens Health Crisis -founr Larry Kramer asked host Jane Pley, "Jane, n you image what mt be like if you had lost 20 of your iends the last 18 months? "It's a very angry muny, " Kramer as the natn's attentn was directed toward gay AIDS victims, the vis was replitg the bloodstreams of hemophiliacs and jectn dg ers. 'GAY PLAGUE'After the Stonewall Rts 1969, LGBTQ activists across the untry ma signifint civil rights advanc and secured some municipal and state-level protectns agast discrimatn public employment.

THE LONG, SORDID HISTORY OF THE GAY CONSPIRACY THEORY

She lled the group "Save Our Children" and said reprented the rights of the majory of fileOn March 22, 1980, a year before that first MMWR report, evangelil Christian lears livered a petn to Print Jimmy Carter mandg a halt to the advance of gay rights. “God’s judgment is gog to fall on Ameri as on other societi that allowed homosexualy to bee a protected way of life, ” Bob Jon III predicted, acrdg to the anti-gay reactn gaed steam across Ameri wh the electn of Moral Majory ally Ronald Reagan, activists found their mands for attentn for a growg medil crisis were ignored. One such group was the Gay Men’s Health Crisis, found New York Cy 1982, which is today the olst HIV/AIDS service anizatn the Men's Health Crisis Smh / NY Daily News via Getty Imag fileBut 1987, activists were still trated by ernment actn as bodi ntued to pile up, and they found the AIDS Coaln To Unleash Power, or ACT UP, New York, their actns and their activist art are legendary for speedg the ernment’s rponse to the AIDS crisis, allowg quicker ttg and treatment of lifavg experimental dgs, and drawg public attentn to the adly impact of homophobic public health polici.

GAY RIGHTS

In New York, December 1989 ACT UP and took over St Patrick’s 1991, Activist Peter Staley draped a giant ndom over the home of noted homophobic senator Jse Helms om North Carola. The Early Gay Rights Movement In 1924, Henry Gerber, a German immigrant, found Chigo the Society for Human Rights, the first documented gay rights anizatn the Uned Stat. Army service World War I, Gerber was spired to create his anizatn by the Scientific-Humanarian Commtee, a “homosexual emancipatn” group ’s small group published a few issu of s newsletter “Friendship and Freedom, ” the untry’s first gay-tert newsletter.

ALLEGED 'GAY PANIC FENSE' TEXAS MURR TRIAL STUNS ADVOT

Ernment signated Gerber’s Chigo hoe a Natnal Historic Pk TriangleCorbis/Getty ImagHomosexual prisoners at the ncentratn mp at Sachsenhsen, Germany, wearg pk triangl on their uniforms on December 19, gay rights movement stagnated for the next few s, though LGBT dividuals around the world did e to the spotlight a few example, English poet and thor Radclyffe Hall stirred up ntroversy 1928 when she published her lbian-themed novel, The Well of Lonels. Addnally, 1948, his book Sexual Behavr the Human Male, Aled Ksey proposed that male sexual orientatn li on a ntuum between exclively homosexual to exclively Homophile Years In 1950, Harry Hay found the Mattache Foundatn, one of the natn’s first gay rights group.

”Though started off small, the foundatn, which sought to improve the liv of gay men through discsn groups and related activi, expand after foundg member Dale Jenngs was arrted 1952 for solicatn and then later set ee due to a adlocked the end of the year, Jenngs formed another anizatn lled One, Inc., which weled women and published ONE, the untry’s first pro-gay magaze.

THE END OF THE GAY-PANIC LEGAL DEFENSE

Post Office, which 1954 clared the magaze “obscene” and refed to liver Mattache Society Mattache Foundatn members rtctured the anizatn to form the Mattache Society, which had lol chapters other parts of the untry and 1955 began publishg the untry’s send gay publitn, The Mattache Review. That same year, four lbian upl San Francis found an anizatn lled the Dghters of Bilis, which soon began publishg a newsletter lled The Ladr, the first lbian publitn of any early years of the movement also faced some notable setbacks: the Amerin Psychiatric Associatn listed homosexualy as a form of mental disorr followg year, Print Dwight D.

In 1961, Illois beme the first state to do away wh s anti-sodomy laws, effectively crimalizg homosexualy, and a lol TV statn California aired the first documentary about homosexualy, lled The 1965, Dr. ”In fear of beg shut down by thori, bartenrs would ny drks to patrons spected of beg gay or kick them out altogether; others would serve them drks but force them to s facg away om other ctomers to prevent them om 1966, members of the Mattache Society New York Cy staged a “sip-”—a twist on the “s-” protts of the 1960s— which they vised taverns, clared themselv gay, and waed to be turned away so they uld sue. They were nied service at the Greenwich Village tavern Juli, rultg much publicy and the quick reversal of the anti-gay liquor Stonewall Inn A few years later, 1969, a now-famo event talyzed the gay rights movement: The Stonewall clanste gay club Stonewall Inn was an stutn Greenwich Village bee was large, cheap, allowed dancg and weled drag queens and homels the early hours of June 28, 1969, New York Cy police raid the Stonewall Inn.

After the Stonewall Rts, a msage was pated on the outsi of the board-up bar readg, "We homosexuals plead wh out people to please help mata peaceful and quiet nduct on the streets of the village.

SA LED THE WAY FOR MANY REFORMS, SO WHY IS 'GAY PANIC' STILL A FENCE?

" This sign was wrten by the Mattache Society–an early anizatn dited to fightg for gay reportg the events, The New York Daily News rorted to homophobic slurs s tailed verage, nng the headle: “Homo Nt Raid, Queen Be Are Stgg Mad. ”Over the next several nights, gay activists ntued to gather near the Stonewall, takg advantage of the moment to spread rmatn and build the muny that would fuel the growth of the gay rights movement.

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

Johnson is seen at a Gay Liberatn Front monstratn at Cy Hall New York, a large crowd memorat the 2nd anniversary of the Stonewall rts Greenwich Village of New York Cy 1971.

1 / 12: NY Daily News Archive/Getty ImagChristopher Street Liberatn Day Shortly after the Stonewall uprisg, members of the Mattache Society spl off to form the Gay Liberatn Front, a radil group that lnched public monstratns, protts and nontatns wh polil officials.

IN POWERFUL REBE OF HATE, JAGUARS' KEV MAXEN MAK HISTORY G OUT AS GAY

Siar groups followed, cludg the Gay Activists Alliance, Radilbians, and Street Transvt Actn Revolutnari (STAR) 1970, at the one-year anniversary of the Stonewall Rts, New York Cy muny members marched through lol streets memoratn of the event.

Activists also turned the once-disreputable Pk Triangle to a symbol of gay Polil Victori The creased visibily and activism of LGBTQ dividuals the 1970s helped the movement make progrs on multiple onts.

JACKSONVILLE JAGUARS ASSISTANT COACH KEV MAXEN MAK HISTORY AFTER COMG OUT AS GAY

Addnally, several openly LGBTQ dividuals secured public office posns: Kathy Kozachenko won a seat to the Ann Harbor, Michigan, Cy Council 1974, beg the first out Amerin to be elected to public Milk, who mpaigned on a pro-gay rights platform, beme the San Francis cy supervisor 1978, beg the first openly gay man elected to a polil office asked Gilbert Baker, an artist and gay rights activist, to create an emblem that reprents the movement and would be seen as a symbol of pri. Baker signed and stched together the first rabow flag, which he unveiled at a pri para followg year, 1979, more than 100, 000 people took part the first Natnal March on Washgton for Lbian and Gay Rights. In 1981, the Centers for Disease Control and Preventn published a report about five prevly healthy homosexual men beg fected wh a rare type of 1984, rearchers had intified the e of AIDS—the human immunoficiency vis, or HIV—and the Food and Dg Admistratn licensed the first mercial blood tt for HIV 1985.

Two years later, the first antiretroviral meditn for HIV, azidothymide (AZT), beme rights proponents held the send Natnal March on Washgton for Lbian and Gay Rights 1987. But after failg to garner enough support for such an open policy, Print Clton 1993 passed the “Don’t Ask, Don’t Tell” (DADT) policy, which allowed gay men and women to serve the ary as long as they kept their sexualy a rights advot cried the Don’t Ask, Don’t Tell policy, as did ltle to stop people om beg discharged on the grounds of their 2011, Print Obama fulfilled a mpaign promise to repeal DADT; by that time, more than 12, 000 officers had been discharged om the ary unr DADT for refg to hi their sexualy.

Don’t Ask, Don’t Tell was officially repealed on September 20, Marriage and Beyond In 1992, the District of Columbia passed a law that allowed gay and lbian upl to register as domtic partners, grantg them some of the rights of marriage (the cy of San Francis passed a siar ordance three years prr and California would later extend those rights to the entire state 1999) 1993, the hight urt  Hawaii led that a ban on gay marriage may go agast the state’s nstutn. The law prevented the ernment om grantg feral marriage benefs to same-sex upl and allowed stat to refe to regnize same-sex marriage certifit om other marriage rights backtracked, gay rights advot sred other victori. In 1994, a new anti-hate-crime law allowed judg to impose harsher sentenc if a crime was motivated by a victim’s sexual Matthew Shepard ActCourty of the Matthew Shepard FoundatnMatthew Shepard, who was btally killed a hate crime 2003, gay rights proponents had another b of happy news: the U.