Movement Advancement Project | Gay/Trans Panic Defense Bans

Contents:

• THE GAY/TRANS PANIC DEFENSE: WHAT IT IS, AND HOW TO END IT
• GAY/TRANS PANIC DEFENSE BANS
• GAY AND TRANS ‘PANIC’ IS STILL BEG USED TO JTIFY ANTI-LGBTQ ATTACKS
• BANNG THE USE OF GAY AND TRANS PANIC DEFENS
• GAY AND TRANS PANIC FENS STILL LEGAL ARIZONA SPE EFFORTS TO BAN THEM
• GAY AND TRANS PANIC FENS NTUE TO BE ED URT S MANY US STAT
• THE GAY/TRANS PANIC DEFENSE
• BEG AAID OF A GAY OR TRANS PERSON IS STILL A VALID MURR DEFENSE MOST OF THE US
• THE GAY/TRANS PANIC DEFENSE
• NEW HAMPSHIRE MOV TO OUTLAW ‘GAY PANIC’ FENSE
• THE END OF THE GAY-PANIC LEGAL DEFENSE
• WHAT IS THE LEGAL DEFN OF THE GAY PANIC DEFENSE?
• GAY AND TRANS PANIC FENS STILL LEGAL ARIZONA SPE EFFORTS TO BAN THEM

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. 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

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

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.

BANNG THE USE OF GAY AND TRANS PANIC DEFENS

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. 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.

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.

GAY AND TRANS PANIC FENS STILL LEGAL ARIZONA SPE EFFORTS TO BAN THEM

Carsten Andren, a crimal jtice scholar, has been buildg a database of murr s that e the 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.

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.

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

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.

THE GAY/TRANS PANIC DEFENSE

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.

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

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.

THE GAY/TRANS PANIC DEFENSE

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

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.

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.

NEW HAMPSHIRE MOV TO OUTLAW ‘GAY PANIC’ FENSE

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. 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. “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.

THE END OF THE GAY-PANIC LEGAL DEFENSE

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

See 2014 Hate Crime Statistics, available at Coaln of Anti-Vlence Programs, Lbian, Gay, Bisexual, Transgenr, Queer, and HIV-Affected Hate Vlence 2014 8 (2015), available at J. 111, 114 (1999) (ncludg that gay, lbian, bisexual, and transgenr victims equently do not report hate crim bee they fear police sensivy and sendary victimizatn by police officers) The Matthew Shepard and Jam Byrd, Jr. ” Amerin Psychiatric Associatn, GENDER DYSPHORIA (2013), Lee, The Gay Panic Defense, 42 U.

WHAT IS THE LEGAL DEFN OF THE GAY PANIC DEFENSE?

471, 477 (2008) wh reported urt cisns discsg the gay and trans panic fens are Arizona (2010), California (1967, 2002), Florida (2012), Geia (2001), Kansas (2006), Illois (1972, 1977, 1993, 2000, 2004), Indiana (2001), Iowa (2015), Louisiana (1990), Massachetts (1978, 2005), Michigan (2000), Missouri (1975, 1990, 2000), New Jersey (2004), New York (2012), North Carola (1978), Nebraska (1994), New Jersey (1988), Oh (1988), Pennsylvania (2010), Tennsee (1998, 2009), Texas (2007), Wisns (2001), and Wyomg (1979, 1999).

GAY AND TRANS PANIC FENS STILL LEGAL ARIZONA SPE EFFORTS TO BAN THEM

Amerin Bar Associatn, Gay and Trans Panic Defens Rolutn (2013), available at stat are Florida, Illois, and Kansas. Parker Marie Molloy, California Be First State to Ban Gay, Trans “Panic” Defens, The Advote, Sept. Stat to ban the gay and trans panic fens, 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.