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.”
Two more individuals have been arrested in connection with the brutal murder of Sam Nordquist, a 24-year-old transgender man, in western New York.
New York State Police announced the arrests of 29-year-old Kimberly Sochia, of Canandaigua, N.Y., and 21-year-old Thomas Eaves, of Geneva, N.Y. on February 21.
Police previously arrested five others in connection with Nordquist's death: 38-year-old Precious Arzuaga of Canandaigua; 33-year-old Kyle Sage, of Rochester; 30-year-old Patrick Goodwin, of Canandaigua; 30-year-old Jennifer Quijano, of Geneva; and 19-year-old Emily Motyka, of Lima, N.Y.
Democrats in the U.S. Senate blocked a Republican bill attempting to ban transgender athletes from women's and girl's sports at educational institutions.
The bill, S. 9, sought to rewrite Title IX of the Education Amendments of 1972, a federal law prohibiting sex-based discrimination in educational programs or activities, by explicitly stopping federal funds from going to institutions that allow transgender athletes to compete on female-designated competitive or elite sports teams.
The prohibition would not apply to co-ed or intramural sports leagues, nor does it prevent cisgender females from being allowed to try out for male-designated sports teams if their school does not offer that sport for females.
The U.S. State Department has ordered officials worldwide to deny visas to transgender athletes attempting to come to the U.S. for sports competitions.
It is also ordering permanent visa bans against transgender people whose gender marker on their application doesn't match their assigned sex at birth.
A State Department cable obtained by The Guardian instructs visa officers to enforce a section of the Immigration and Nationality Act that allows the United States to refuse entry to any visa applicant who commits identity fraud or misrepresents who they are.
Unlike regular visa denials, anyone violating that section can be permanently refused entry to the United States, effectively constituting a lifelong ban.
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