The National LGBT Bar Association (LGBT Bar) – the country’s largest organization of lesbian, gay, bisexual, transgender (LGBT) and ally legal professionals – last week announced the introduction of the Gay and Trans Panic Defense Prohibition Act of 2018.
The bill, introduced last week by Senator Edward Markey (D-MA) and Congressman Joe Kennedy III (D-MA), would do away with the use of the gay and trans “panic” defenses, which use a victim's sexual orientation or gender identity/expression as legal rationale for violent assault and murder. The bill is supported by the American Bar Association, the Matthew Shepard Foundation, the American Unity Fund, and Equality California.
A gay and trans “panic” defense is employed when a defendant cites their victim's sexual orientation or gender identity/expression as cause for their violent and even deadly actions. These defenses have a long and dark history. They were used in high profile cases such as the murders of Matthew Shepard, Ahmed Dabarran, and Gwen Araujo, and have been successful in allowing violent offenders to walk free.
“Gay and trans 'panic' defenses have long stood as a symbol of dangerous and outdated thinking," said D’Arcy Kemnitz, Executive Director of the LGBT Bar. "An individual's sexual orientation or gender identity/expression should never justify a violent attack or murder. To say otherwise sends a message to the LGBT community that their lives are inherently less valued. The continued allowance of these defenses is a failure of the justice system."
The LGBT Bar has worked to ban such defenses for over a decade and was instrumental in the passage of the 2013 American Bar Association Resolution calling for an end to this practice in court. Similar legislation passed in California in 2014 and Illinois in 2017. New Jersey, Washington, Washington DC, and Rhode Island currently have similar legislation pending that would protect LGBT victims of violence from discrimination in the courtroom.
- Posted July 20, 2018
- Tweet This | Share on Facebook
LGBT Bar introduces Gay and Trans Panic Defense Prohibition Act

headlines Detroit
headlines National
- ABA Legal Ed council suspends accreditation standard focused on diversity
- How law firms can grow, address artificial intelligence and tackle other challenges in 2025
- In ‘power move’ over independent agencies, Trump demands review of proposed regulations
- Could courts run out of options if federal officials defy court orders?
- Judge texted bailiff, clerk that he can’t be in court next day because ‘I just shot my wife,’ jurors are told
- Judge admonished for ‘undignified’ behavior, including gestures mimicking pumping of breast milk