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.”
On Tuesday, South Carolina Gov. Henry McMaster signed a ban on gender-affirming care for transgender minors into law.
The law took effect immediately and officially made South Carolina the 25th state to place restrictions on gender-affirming care.
Under South Carolina's law, health professionals can be disciplined for prescribing gender-affirming treatments, such as puberty blockers, hormones, or gender confirmation surgery, to patients under the age of 18 seeking to transition.
The law also requires school administrators to notify parents or guardians if a child identifies by a gender that does not match their assigned sex at birth, or asks to use a name or nickname other than their legal name or pronouns that do not match the sex on their original birth certificate.
Robert Davis pleaded guilty earlier this week to the murder of gay journalist Josh Kruger. He has been sentenced to 15 to 30 years in prison.
Prosecutors claim Davis entered the 39-year-old Kruger's home in Philadelphia's Point Breeze neighborhood last October and shot him seven times before fleeing.
Kruger managed to call for help before stumbling outside his house and collapsing on the sidewalk. He was taken by police to the hospital, where he was pronounced dead on arrival.
Earlier this year, Davis waived his right to a preliminary hearing and indicated that he intended to plead guilty to charges related to Kruger's death, as well as to charges of aggravated assault and illegal gun possession for an unrelated incident in which he fired a gun at someone at a SEPTA train platform last September. No one was injured in that incident.
The U.S. Supreme Court has agreed to take up a case involving the question of whether states can enforce laws prohibiting transgender youth from accessing gender-affirming treatments, such as puberty blockers or hormone therapy.
On Monday, June 24, the high court granted certiorari in the case of LW v. Skrmetti, a lawsuit challenging the state of Tennessee's ban.
The lawsuit was signed into law by Republican Governor Bill Lee in March 2023.
It claims the ban:
Violates transgender teens' right to equal protection under the law.
Violates the right of their parents to make decisions regarding the care, custody, and control of their children.
Runs afoul of a section of the Affordable Care Act that prohibits discrimination based on sex, including sexual orientation and gender identity.
A federal judge initially blocked the law from taking effect, but Tennessee appealed the ruling and asked that it be reversed.
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