US Congressmen Joe Kennedy III and Senator Ed Markey, both of Massachusetts, reintroduced legislation that would ban, on the national level, the gay and trans panic defenses in cases including murder, assault and other violent crimes.
If passed, a defendant on trial for committing a violent act would not be able to claim as a defense the sexual orientation or gender of the victim. In other words, the crime may not be blamed on the victim because the victim is LGBT.
“Claiming a victim’s sexual orientation or gender identity justify murder or assault expressly tells entire segments of our society that their lives are not worthy of protection,” Kennedy stated in a June 5 press release.
“As long as gay and trans panic defenses are allowed in our state and federal courts, the LGBTQ community will be deprived of the justice all Americans deserve. With four states already implementing bans, we have the federal momentum to outlaw this bigoted legal practice across the country,” stated Kennedy.
“Our courtrooms are supposed to be chambers of justice, not hate,” Markey voiced in the same release. “So-called gay and trans panic legal defenses perpetuate bigotry and violence toward the LGBTQ community and should be banned. They corrode the legitimacy of federal prosecutions, and blame victims for the violence committed against them. All Americans deserve to be treated with dignity and humanity in our justice system. I thank Congressman Kennedy for his partnership on this legislation. As we celebrate Pride Month with our LGBTQ brothers and sisters, I call on my colleagues to support this bill and relegate hateful practice of gay and trans panic defense to the history books.”
Many states have passed similar laws but on a statewide level, including Rhode Island in New England, along with California, Illinois and Nevada. Legislation is also in the works in 10 states, including Maine and Connecticut, and Washington, DC.
Not a subscriber? Sign up today for a free subscription to Boston Spirit magazine, New England’s premier LGBT magazine. We will send you a copy of Boston Spirit 6 times per year and we never sell/rent our subscriber information. Click HERE to sign up!
