Gay And Trans ‘Panic’ Has Been Banned As Defence Of Homicide In New Jersey
February 2, 2020New Jersey is the latest state to ban the legal defence of ‘state of panic’ because of the victim’s sexual orientation or gender as a defence of homicide defendants.
In the United States, since 1954, it is legal for a defendant to argue that the gay or trans victim “brought the attack on themselves because of their sexual orientation or identity,” according to ‘NBC New York’. "Typically, defendants argue that a proposition from a gay or transgender person triggered a breakdown that leads to an attack, or that an advance amounted to provocation,” the article states. The number of defendants using this defence is unclear.
The measure was signed by Democratic Gov. Phil Murphy who said it promotes “full equality for all our residents.”
“Gay and trans panic defences are rooted in homophobia and abhorrent excuses that should never be used to justify violence against vulnerable populations,” Murphy said in a statement.
New Jersey is the ninth state to prohibit this defence. The other eight are California, Connecticut, Hawaii, Illinois, Maine, Nevada, New York and Rhode Island.
D'Arcy Kemnitz, the executive director of the LGBT Bar Association commenting on the bill stated that “if every time a woman was propositioned and shot someone – we just don't allow that to happen in our society. A gay man who's making a pass – does that person deserve to be harmed? Does that person deserve to be killed?”
Currently, there are five other states and Washington D.C. who have proposed similar legislation.
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