LGBTQ+ panic defence finally banned in Minnesota
May 30, 2024Last Friday, Minnesota, U.S.A., passed H.F. 5216, a law that prohibits the notorious LGBTQ+ panic defence, according to the LA Blade. This defence is when a defendant claims they “panicked” upon discovering their victim was LGBTQ+ to justify anti-LGBTQ+ violence.
Governor Tim Walz (D) signed the panic defence ban into law after it was approved by the state’s House of Representatives and Senate, according to ‘LGBTQ Nation’. This ban is a minor component of a more extensive omnibus bill concerning judicial funding and regulations and will be enacted on August 1, 2024. “Our community is still grieving and healing from the horrific violence that ended the life of our trans/two-spirit relative, Savannah Ryan Williams and her family deserves justice,” remarked state Rep. Biron Curran (D) in a statement.
“It is far past time to ban the LGBTQ+ panic defense, which allows criminals to exploit a temporary emotional state to excuse heinous acts. True justice demands accountability, and this bill sends a clear message of support for our LGBTQ2S+ neighbors.”
The bill’s text specifies, “Force may not be used against another based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sexual orientation, gender identity, or gender expression.”
It further details this prohibition, positioning the explicit ban shortly after the restrictions on using intoxication as a defence for crimes.
Gay and trans panic defences have been employed at least 351 times in homicide cases alone, becoming infamous after being utilised in high-profile cases such as the Matthew Shepard and Islan Nettles murder trials.
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The LGBTQ+ Bar Association notes a lack of consensus on the overall effectiveness of these defences. However, there are documented instances of its use to lessen murder charges, with one researcher asserting that charges are reduced over 30% of the time when these defences are used.
Minnesota joins 19 other states and territories in outlawing this defence, including New York, California, and Colorado.
The bill first emerged in 2018 as S.F. 2633 and H.F. 3045, but neither progressed. It was reintroduced last year as S.F. 1964 by state Senators Scott Dibble (D), Clare Oumou Verbeten (D), Ron Latz (D), and Jim Carlson (D), yet did not advance.
State Rep. Curran, one of the few openly LGBTQ+ lawmakers in the state, reintroduced it as H.F. 4657. Initially, it focused solely on banning the panic defence without other provisions.
H.F. 4657 was tabled on May 13. Five days later, a conference committee, including Curran, incorporated it into H.F. 5216 in a slightly altered form.
The bill passed the state senate by a narrow 34-33 vote, completely along party lines.
Minnesota is one of a few trans refuge states, providing sanctuary to people who have lost access to healthcare in states like Florida or Missouri.
Recently, Minnesota has prohibited ideological book bans, a move that will help ensure LGBTQ+ literature remains available in libraries. The state is also among those considering legislation to mandate healthcare plans to cover gender-affirming care.
“Gay and trans Minnesotans deserve the same protections under the law as all our neighbors receive,” stated state Sen. Bonnie Westlin (D). “Gay and trans panic defenses are based on irrational fears and prejudice toward LGBTQ+ people, and they imply that violence against LGBTQ+ people is acceptable under certain conditions.”
”I am proud to see our state continue to protect LGBTQ+ Minnesotans, especially when they are victims of violent crime.”
Read related myGwork articles here:
Michigan House Passes Ban On Gay & Trans Panic Defences
Virginia Enacts Landmark Bill Banning LGBT+ “Panic” Defence
Oregon’s Out Governor Signs Bill Banning Gay & Trans “Panic” Murder Defence
Washington D.C. Bans Gay & Trans “Panic” Defences
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