Gay Panic Defense Still Legal in 47 States
How to get away with murder
The “Gay Panic” defense has been used in courts across the United States since the 1960s. People have been brutally assaulting and killing LGBTQ individuals and using a gay or trans panic defense to get away with it. The only three states that have banned using these defenses in a courtroom are California, Rhode Island, and Illinois. It is still legal and being used in the other 47 states today.
In 2008, a transwoman named Angie Zapata had her life snatched away after a man reacted violently when he found out she was trans. Unfortunately, cases like these are far too common.
6,121 hate crimes were reported to the FBI in 2016. Out of the 6,121 reported, 1,076 of them were fueled by someone’s alleged sexual identity. Despite this large number, it is likely only a small account of how many LGBTQ hate crimes were committed in 2016. This is due to the fact that reporting hate crimes to the FBI is optional.
Senator Edward Markey and Representative Joe Kennedy are looking to outlaw gay and transgender panic defenses in court. It is no secret that homophobia and transphobia drive panic defenses.
Keeping these defenses alive in the courts only gives homophobic and transphobic people a shield to hide behind. They make violent reactions to LGBTQ people seem normal and accepted. Gay and trans panic defenses paint an easy target on our backs.
