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.”
Curtis Bashaw, the Republican nominee for New Jersey's U.S. Senate seat, appeared to have a temporary "medical episode" during his debate against Democratic U.S. Rep. Andy Kim on Oct. 6.
While answering a question, the 62-year-old gay hotelier started slurring his words and stopped speaking entirely mid-sentence. Kim asked if he was all right. "Yeah," Bashaw replied.
Kim asked Bashaw's team if they wanted to assist the Republican, at which point a Bashaw campaign staffer came onstage and held him by the arm. Meanwhile, the debate moderator, Laura Jones, paused the debate for a commercial break to "address some issues," sparking speculation on social media as to what happened.
The adult entertainment industry has launched a campaign intended to warn voters of the risks of a Donald Trump presidential win to the production and distribution of pornographic content.
The "Hands Off My Porn" campaign is taking direct aim at Project 2025, the Heritage Foundation blueprint for a future Republican presidential administration, and tying some of its more controversial proposals to Trump directly.
As reported by The New York Times, the $100,000 advertising campaign will be carried out largely online, with spots warning about conservative proposals to ban pornography running on pornographic websites.
The U.S. Supreme Court has granted a petition for divided argument in U.S. v. Skrmetti, the federal challenge to Tennessee's law prohibiting doctors from prescribing treatments for gender dysphoria to transgender youth.
The court previously agreed in June to take up the case, as well as its companion case, L.W. v. Skrmetti, during the 2024-2025 court session.
The outcome of the case will likely determine the fate of similar laws in 23 other states, where Republican lawmakers have sought to criminalize the provision of gender-affirming care, like puberty blockers or hormones, to transgender youth to help them transition and assuage their feelings of gender dysphoria.
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