Gay panic states

This report examines current research on violence against LGBTQ people in the U. and the use of the gay and trans panic defenses over the last six decades. It also provides model language that states may use to ban the gay and trans panic defenses through legislation. When LGBTQ people are killed and the gay and trans panic defense is invoked, those fatal acts of violence need to be understood within the broader context of widespread violence that LGBTQ people face in general—starting from an early age—and often from people they know including romantic and dating partners.

Since then, the District of Columbia and the states of California, Illinois, Rhode Island, Nevada, Connecticut, Maine, Hawaii, New York, New Jersey, Washington, Colorado, Virginia, Vermont, Oregon, Maryland, Michigan, Minnesota, New Mexico, New Hampshire, and Delaware have banned such defenses. Currently, Arizona and Florida have pending legislation. It is not a freestanding defense to criminal liability. Rather, the defense is a legal tactic that bolsters other defenses, such as insanity, provocation, or self-defense.

Michigan Gov. Gretchen Whitmer, a Democrat, signed House Bill into law Tuesday. Michigan is now the 20th state to prohibit this type of defense , according to Movement Advancement Project, an LGBTQ think tank. Last year, Rep.

New York lawmakers on Wednesday passed a ban on "gay panic" and "trans panic" defenses in homicide cases, looking to end what advocates say are discriminatory legal strategies. The bill will prevent perpetrators from justifying murder as a response to discovering a victim's sexual orientation, gender identity or related characteristics. With Gov. Andrew Cuomo expected to sign the bill, New York will join five other states who have already banned the defenses: California, Illinois, Rhode Island, Nevada and Connecticut.