Gay/Trans Panic Defense Bans
To view the status of bills or laws relating to the LGBTQ+ “panic” defense, click on a location on the map. To view federal legislation, click on the Capitol Building. Locations highlighted Red passed legislation banning the LGBTQ+ “panic” defense, locations highlighted Blue introduced such legislation in this legislative session or in the past, and Grey locations do not have current. The so-called "gay and trans panic" defenses are legal strategies which, according to the American Bar Association , "seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim's sexual orientation or gender identity is to blame for the defendant's violent reaction. These defenses are based in irrational fears and prejudice toward LGBTQ people, and they imply that violence against LGBTQ people is acceptable or understandable under certain conditions.
Whitmer signs law banning gay and trans ‘panic’ defenses
Research by the Williams Institute shows that "no state recognizes gay and trans panic defenses as freestanding defenses under their respective penal codes," but defendants have used panic defenses in conjunction with other defense strategies to attempt to reduce the severity of their charges or sentencing. In , all states were pressured to do away with the outdated law; however, a majority of states refused to remove the bigoted legal strategy. In a report from the American Bar Association from , there were a variety of cases where the defense strategy was not only applied to the case but successfully used to reduce a sentence. LGBTQ+ "Panic" Defense Legislation Map
In , all states were pressured to do away with the outdated law; however, a majority of states refused to remove the bigoted legal strategy. As of a report in , thirty states and five territories still uphold the Gay/Trans Panic defense laws, which include places like Texas, Florida, Puerto Rico, Massachusetts, and even Pennsylvania. When news broke in July that Memphis firefighter Mack Bond had been shot to death in his car, his colleagues and community were stunned. Bond, 58, had been with the Memphis Fire Department for 21 years and was remembered as a committed public servant. The Gay/Trans Panic Defense
The gay panic defense or homosexual advance defense is a victim blaming strategy of legal defense, where a heterosexual individual charged with a violent crime against a same-sex attracted individual claims they lost control and reacted violently because of an unwanted sexual advance that was made upon them. [1]. . Gay And Trans ‘Panic’ Is Still Being Used To Justify Anti
The LGBTQ+ Panic Defense Prohibition Act is endorsed by the Massachusetts Transgender Political Coalition and Advocates for Trans Equality (A4TE). In , Senator Markey and Representative Pappas introduced the LGBTQ+ Panic Defense Prohibition Act. . 
Sen. Markey and Rep. Pappas Reintroduce Legislation to Ban
Summary The gay/trans panic is not an affirmative legal defense, it is a tactic to strengthen the defense by playing on prejudice. Three variations of this legal strategy include the defense of insanity or diminished capacity, the defense of provocation, and the defense of self-defense. Federal and state legislative efforts, such as the Equality Act, aim to ban the gay/trans panic defense. .
BANNING THE USE OF GAY AND TRANS PANIC DEFENSES
Since the s, the gay and trans panic defenses have appeared in publicly reported court opinions in approximately one-half of the states. To date, 12 states and the District of Columbia have passed legislation eliminating the use of gay and trans panic defenses, but the defenses remain available in most states. .
Gay and trans panic defense still legal in most states
The gay, trans or LGBTQ+ panic defense is when a defendant argues the victim’s sexual orientation or gender identity/expression justified their violent actions. .