The ‘gay/trans panic’ defense – by which someone accused of a murder could claim the sexuality or gender identity of their victim was partly to blame for their actions – has been made illegal in Oregon.
Governor Kate Brown has signed Senate Bill 704 into law on Sunday (May 23).
It becomes the 14th state to do so, following in the footsteps: California, Illinois, Rhode Island, Nevada, Hawaii, Maine, Connecticut, New York, New Jersey, Washington, Colorado, Virginia, and Vermont.
Washington DC has also enacted legislation banning the defense.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
The so-called ‘panic’ defense is used by some people who have murdered members of the LGBTQ community.
Those charged with such crimes will sometimes say their victim made a pass at them and they reacted violently in response. By doing so, they have sometimes seen a murder charge reduced to manslaughter.
Advocates have long argued that this shifts some of the blame for the crime to the victim, or affords them less justice than if they had been heterosexual or cis.
Related: Gay Portland
Senate Bill 704 was passed unanimously by the Oregon House of Representatives on May 13. State Rep. Karin Power (D-Milwaukie), who carried the SB 704, said at the time, “The passage of this bill will send a strong message that the perpetrator of a second-degree murder will not be able to excuse the crime simply based on who their victim is.”
A huge win for our community and an honor to carry SB 704 on the House floor to UNANIMOUS passage today! Thank you @basicrights for your leadership and thank you to the many LGBTQ Oregonians who spoke up and fought for this bill. #orleg #orpol https://t.co/P1s940Qa4v
— Karin Power (@karin_power) May 13, 2021
LGBTQ advocacy group Human Rights Campaign was amongst those to welcome Governor Brown signing the legislation.
🥳 Good news! @OregonGovBrown has signed into law a bill ending the so-called LGBTQ “panic defense.”
Oregon becomes the 14th state to get this done.
— Human Rights Campaign (@HRC) May 23, 2021
Similar legislation is also currently being debated in New Mexico, New Hampshire, Minnesota, and Massachusetts.
LumpyPillows
There is never an excuse for murdering someone over genitalia. As much as I sometimes would like to choke some mouthy, tweaked-out hoe, there is never an excuse to do so. Now the rules agree with what all nice people have always known.
Cam
In states where it is legal to use the excuse that some gay guy hit on you as a defense for murder, then it is common sense to say that any woman who was hit on by a man could say she was panicked by it and killed him because of it.
Fahd
I use to live down the street from a public defender who used this defense in a case where some guy drove with a drug buddy some ninety miles and then shot him in the head – supposedly he “panicked” when the now murdered guy put “the moves” on him. I couldn’t look at let alone speak to the public defender after that.
These defenses do impassion the jury – especially if the jury was selected with that in mind — and more than one defendant has benefitted from this defense. It’s bullsh*t, but the only way to stop lawyers for the defense from using it (ethical or not they don’t care, it’s about getting their client off), is to ban the defense outright.
I’m surprised that a state as progressive as Oregon is just now doing this, but it’s past time, and congratulations. This defense is a remnant of the last centuries and needs to be outlawed everywhere.
BigE
Well that explains why all the eastern counties want to secede to Idaho. Some people hate it when they haveto accountable for their own actions!