The “gay or trans panic” defense is no longer a usable defense in New York homicide cases: It was banned by New York lawmakers through a bill on Wednesday.
The bill bans a murderer from justifying murder on the grounds that they were so disturbed by the victim’s sexual orientation or gender identity.
“The ban on the ‘gay and trans panic’ legal defense just passed! With the enactment of this measure we are sending this noxious legal defense strategy to the dustbin of history where it belongs. This is an important win for LGBTQ people everywhere,” Gov. Andrew Cuomo (D-N.Y.) wrote on Twitter, along with a statement regarding the ban.
The ban on the ‘gay and trans panic’ legal defense just passed!
— Archive: Governor Andrew Cuomo (@NYGovCuomo) June 19, 2019
With the enactment of this measure we are sending this noxious legal defense strategy to the dustbin of history where it belongs.
This is an important win for LGBTQ people everywhere. pic.twitter.com/xMpXZfvnDT
In 2013, a transgender woman, Islan Nettles, was murdered by a man named James Dixon after he found out she was transgender. Dixon used the “gay and trans” panic defense and only received 12 years in prison. Nettles’ family said that Dixon would have received a harsher sentence if he wasn’t able to use the defense, according to the New York Times.
Dixon’s case is known as one of the most notorious “gay and trans panic” cases in New York.
People are celebrating the obvious win for human rights.
https://twitter.com/AwesomeBran/status/1141719985984876546
#NewYork the “progressive beacon” of the U.S bc we know we can protect, support, love, and embrace ALL our communities.
— aya tasaki🌟彩 (@asiannomad) June 19, 2019
we got #GreenLightNY #HarassmentFreeNY and banned #gay #trans panic defense.
Let’s bring it home for our #trans fam and trafficking survivor community 🙌
https://twitter.com/nicolezelniker/status/1141719746938843138
Some believe it has taken too long to pass such a common-sense bill.
I’d have thought this was banned in New York state already…
— Let’s Draw Cassandra Cain (@drawin_casscain) June 20, 2019
https://twitter.com/NYCSpeakerCoJo/status/1141767181765685248
This was still a thing?? In the city that birth the gay rights movement??
— DittoLex4 (@ThePierreAlexis) June 20, 2019
https://twitter.com/emerhughes4/status/1141472655280881665
One Twitter user highlighted the inequality of the original law by pointing out how a straight panic defense would never have flown.
https://twitter.com/Light_Yagami128/status/1141721072087326721
Many were astonished to discover that “gay and trans panic” was even a real defense in the first place.
https://twitter.com/SlothNF/status/1141680999312625664
Nvm. I constantly forget what country I’m in.
— Himothy Himsworth (@RoyDaRappah) June 20, 2019
Isn’t murder, murder no matter what the circumstances?
— laurie (@hyers_laurie) June 20, 2019
https://twitter.com/AK_GunNut/status/1141549377808285696
People found the defense so unbelievable that they thought this had to be a symbolic ruling. Yet, this ruling only makes New York the sixth state to ban such a defense. The five other states that have already banned the gay panic defense are California, Illinois, Rhode Island, Nevada, and Connecticut. That’s not even 10% of the U.S.: We still have a long way to go.
Hardly symbolic for folks like Islan Nettles. This defense has been invoked in NYS within the last few years. Look it up.
— get me out of here (@OutCameTheLotus) June 20, 2019
The majority of people are simply glad that LGBTQ people are just a little bit safer.
https://twitter.com/myendisnow/status/1141548811376087040
“As long as I, as a gay man, can be blamed for my own murder or assault, I personally will never have equality under the law,” Seth Rosen, director of development at National LGBT Bar Association @huffpostqueer #lgbtrightsarehumanrights https://t.co/q4Uy2ZM26C
— hollylynchny (@hollylynchny) June 20, 2019
READ MORE:
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- Alabama mayor says of the LGBTQ community: ‘Kill the problem out’
- 2 trans women killed within 3 months in the same neighborhood
- Chanel Scurlock is the fifth trans woman killed in last month
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