By John Riley on January 15, 2021 @JRileyMW
A pair of Virginia lawmakers has introduced a pair of bills to prohibit defense lawyers from employing the gay or transgender “panic” defense, and to ensure anti-LGBTQ bias crimes are prosecuted to the fullest extent of the law.
The first measure, introduced by Del. Danica Roem (D-Manassas), would prohibit the use of the LGBTQ “panic” defense to argue for leniency for violent crimes committed against people based on their sexual orientation or gender identity.
Typically, the defense seeks acquittal or reduced penalties for a defendant by claiming they were in fear or became irrational upon learning of a victim’s LGBTQ identity.
The District of Columbia recently passed a similar law in December. LGBTQ advocates, including the National LGBT Bar Association, have long advocated for ending the “panic” defense, claiming it provides justification for bias-motivated crimes or acts of violence.
“Preventing the LGBTQ+ ‘panic defense’ to be used as a ‘legitimate’ mechanism in our court system shows that LGBTQ+ lives and bodies are equal to all in the eyes of the law and that our justice system doesn’t condone violence against our community,” Roem said in a statement. “With this legislation, we are taking action to ensure no one can get away with committing a violent crime against a LGBTQ+ Virginian because they simply exist or are vulnerable enough to be visible as their authentic self.”
Wesley Bizzell, the president of the National LGBT Bar Association, expressed full support for Roem’s bill. According to the Bar Association, one in five lesbian, gay, or bisexual Americans, and one in four transgender Americans will be victims of hate crimes at some point in their lifetimes.
“[F]or far too long courts have allowed prejudice and stigma to excuse the beatings and murders of LGBTQ+ individuals, especially trans individuals,” Bizzell said. “By allowing a criminal to escape punishment for their horrific violence against LGBTQ+ victims, the LGBTQ+ ‘panic’ defense enables a shocking miscarriage of justice.”
“As a leading advocate for transgender equality, Delegate Roem understands that fatal violence facing transgender people has hit a climax this year, disproportionately impacting Black and Brown transgender women,” Alphonso David, the president of the Human Rights Campaign, which also supports the bill, said in a statement. “We need decisive action to end the availability of this unjust ‘defense’ in Virginia courts that ultimately endangers the very lives of LGBTQ people.”
“We’ve seen the ‘panic’ defense used to protect those who commit acts of terrible violence based in hate,” added Sen. Ghazala Hashmi (D-Midlothian), who has introduced a measure to complement Roem’s bill. “Delegate Roem’s legislation clarifies that an offender’s perceptions or beliefs about a victim’s sex, gender or gender identity cannot be used as a defense for committing a crime.
See also: Congressional bill would ban the use of gay and trans panic defenses
Hashmi’s bill expands the definition of hate crimes to include those committed against a person based on their LGBTQ identity, and enhances penalties for those who commit such crimes.
“We continue to shine a spotlight on the unacceptable nature of hate crimes,” Hashmi said in a statement. “These acts of violence or vandalism seek to inflict pain and suffering not only on one or two individuals but on entire communities. The real goal of hate crimes is to strike fear and generate terror among targeted communities, and our legal response must be to prevent that power to terrorize.”
“Violence against LGBTQ people is shameful and never excusable,” Vee Lamneck, the executive director of Equality Virginia, said in a statement. “Black trans woman are disproportionally victims of fatal violence and our laws need to be strengthened to protect them. As we work to create safer communities for trans and gender non-conforming people of color, it’s essential this legislation is prioritized. We look forward to working with Senator Hashmi and Delegate Roem to advocate for these critical bills.”
The Anti-Defamation League has also come out in support of the Virginia bills.
“ADL is pleased to welcome the introduction of two new bills in Virginia that will work hand-in-hand to provide more comprehensive and inclusive protections for hate crime victims,” Meredith Weisel, the senior associate regional director for ADL’s Washington, D.C. region, said in a statement.
“At a time when hate crimes, including those targeting the LGBTQ+ community, are on the rise here in Virginia, we must ensure that our laws are consistent with our Commonwealth’s values. Both bills send the clear message that it is unacceptable — and unjustifiable — to attack people based on their identity. We urge the Virginia legislature to swiftly pass both measures into law.”
Read more:
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By John Riley on October 17, 2024 @JRileyMW
A pair of Senate Democratic candidates have sought to insulate themselves from attacks by Republicans that they support transgender athletes, or as the right-wing ads claim, allowing "boys" or "biological men" to compete in women's sports.
The shift by U.S. Rep. Colin Allred, who is challenging incumbent Texas Sen. Ted Cruz, and U.S. Sen. Sherrod Brown, locked in a tough re-election battle in right-leaning Ohio, indicates that the two Democrats seemingly believe that Republican attack ads on transgender issues have some salience among voters.
Both men have been attacked for supporting the Equality Act, a sweeping bill to prohibit discrimination against LGBTQ people in employment, housing, public accommodations, credit, lending, jury service, and other aspects of life -- though it is decidedly silent on athletic participation.
By John Riley on September 30, 2024 @JRileyMW
“I feel extremely grateful for the result of the court case. I feel blessed,” says Diana Portillo, a transgender immigrant who recently won a historic judgment relating to a discrimination and harassment lawsuit against the owner of the McDonald's franchise for which she worked. “I always had faith in God that it was going to turn out right.”
In August, Portillo was awarded $930,000 by a D.C. Superior Court jury for the discrimination she experienced due to her gender identity, as well as retaliation for complaining while employed in 2013 at a McDonald’s on Georgia Ave. in Northwest D.C.
By John Riley on October 6, 2024 @JRileyMW
A Virginia school board has settled a lawsuit brought by Peter Vlaming, a former French teacher at West Point High School, who was fired for refusing to use a transgender student's pronouns.
The West Point School Board will pay $575,000 in damages and attorneys' fees to Vlaming.
School administrators had ordered Vlaming to remedy a conflict he was having with a transgender freshman over pronoun use. The student had recently transitioned and had asked to be called by male pronouns in school.
Vlaming refused, claiming that acknowledging the student's gender identity would be a "lie." The student filed a complaint in response.
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