New Jersey State Capitol – Photo: Smallbones, via Wikimedia.
The New Jersey State Assembly voted last week to prohibit the use of “gay panic” or “trans panic” defenses in murder cases.
The Democrat-run lower house voted 73-0 to pass the bill, which prevents defendants — and their attorneys — from downgrading charges of murder to manslaughter by arguing that fear or anger at discovering a victim’s LGBTQ identity was justification for them to act out violently.
“Nobody should ever be excused for murder because their victim is either gay or transgender,” Michele Jaker, a board member for Garden State Equality, told NJTV News.
“We consider it legal malpractice when it comes up,” Jaker said of the defense. “But when you have an attorney whose client is being accused of murder, you will look for any defense that can be used. So we would like to see it off the books.”
Assemblyman John McKeon (D-West Orange), the bill’s sponsor, compared the bill’s passage to other pro-LGBTQ developments, including the legislature’s approval of civil unions, the legalization of marriage equality, and the passage of a bill banning conversion therapy, calling it a “proud moment” for New Jersey.
The bill also got the stamp of approval from Minority Leader Jon Bramnick (R-Westfield), who called it a “significant piece of legislation.”
The bill now heads to the Senate, where it is expected to be approved, and then to the desk of Gov. Phil Murphy (D), who is expected to sign it into law.
The bill was first introduced in New Jersey in 2014, during the administration of former Gov. Chris Christie (R), but never received a full vote.
The American Bar Association, which has endorsed eliminating the use of the “gay panic” defense, says that eight states — California, Illinois, Rhode Island, Nevada, Connecticut, Maine, Hawaii, and New York — have already banned the practice, which it calls a form of discrimination, and hopes other states will follow suit.
“It must be noted that gay/trans panic is not an affirmative legal defense; it is a tactic to strengthen the defense by playing on prejudice,” the ABA said in a statement earlier this summer. “It has, however, been used to not only explain a defendant’s actions, but to excuse them as well.”
The U.S. Supreme Court has upheld a Tennessee law banning doctors from prescribing gender-affirming puberty blockers and hormones to transgender youth with gender dysphoria.
A group of families of transgender youth and a doctor who treats them sued to overturn the law, arguing it was unconstitutional, infringed on parental rights, and violated nondiscrimination protections in the Affordable Care Act. Lower courts ultimately dismissed the parental rights and ACA-based claims.
Delaware Gov. Matt Meyer has signed an executive order protecting transgender individuals from having their medical or personal information shared with out-of-state authorities seeking to prosecute them for obtaining gender-affirming care.
Meyer signed the order last Friday at the CAMP Rehoboth Community Center, surrounded by LGBTQ advocates and activists.
The order prohibits Delaware state agencies from cooperating with out-of-state investigations targeting anyone who provides, receives, or assists others in obtaining legal gender-affirming care, such as hormone therapy or puberty blockers. It also bars agencies from sharing medical records, billing data, or personal information about anyone involved in such care.
A transgender woman swimmer in the United Kingdom recently competed topless at a Masters event, protesting a policy that requires her to compete based on her assigned sex at birth.
Seeking to highlight flaws in the one-size-fits-all ban on transgender competitors, Anne Isabella Coombes, 67, of Reading, chose to wear a men’s swimsuit while competing -- exposing her breasts in the process.
Coombes, a member of the Reading Swimming Club for 30 years, transitioned five years ago, during the COVID-19 pandemic. When public swim meets resumed, she applied to Swim England -- the national governing body of aquatic sports -- asking to compete as a female, reports the Reading Chronicle.
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