It’s Time To Abolish The Trans Panic Legal Defense

Last week Illinois Governor Bruce Rauner signed into law a bill banning the “gay panic” and “trans panic” defense in murder cases, making Illinois the second state to do so, after California become the first state to officially ban the defense in 2014. The law prevents people in those states from claiming that the murder victim was gay or bisexual and made a sexual advance that caused them to react violently, or that the victim’s gender identity caused them to react violently. This is a defense tactic which specifically targets members of the LGBT community and is based on stereotypes and ignorance and fear. Defendants in murder cases have sometimes been able to argue their way to a lesser charge of manslaughter if the killings happened during a “sudden quarrel” or in the “heat of passion” when defendants claimed they were so shocked to learn their victim was gay or trans that they had no other recourse than violence. The new law clearly states that a defendant’s discomfort, surprise, or fear of a victim’s sexual orientation or gender identity may not be used as a legal defense to justify the assault.

The case which brought this issue to light was 2002 murder of transgender woman Gwen Araujo, who was beaten to death by four men after they realized that she was transgender. The defense came up with a “panic” defense, stating that the defendants were unaware that Araujo was transgender. Two of the men were convicted of second-degree murder and were sentenced to life in prison, and the two others pleaded guilty to lesser charges. There were no convictions for hate crimes.

While this is certainly good news that a second state has outlawed this barbaric defense, it begs the question why are there still 48 states which still allow it? Why do we still have 48 states which say it’s acceptable to use sexual orientation or gender identity as a reason for killing someone? It is astounding that in this day and age of supposed equality and freedom for everyone that a legal tactic like this even exists, let alone that it is legally allowed in 48 out of 50 states. This is unacceptable and we as a community need to stand up and work together to change this.

In years past under previous presidential administrations the standard method would be to contact your state and federal representatives to let them know you support introducing legislation to ban the “gay panic” and “trans panic” defenses. However, given the current political climate I’m not sure that this is an issue which would be much of a priority to most legislators, but it’s still the best avenue to affect change and get this archaic defense banned in every state. One thing to be aware of is that if you aren’t a registered voter your voice literally doesn’t count; you must be a registered voter in order for the politicians in your state or district to listen to you. And this is a big problem for the trans community because we are extremely under-represented due to the fact that we often move out of necessity to find available housing or jobs, and that many trans people may not be registered voters due to name change issues and/or having to move frequently.

If ever there was a time for our voices to be heard, now is that time. It is crucial for members of the LGBT community to be registered voters and to actually vote. We must make our voices heard. Moreover, we need to let our state and federal legislators know that we do not support legislation which is discriminatory or results in our rights being taken away. We must demand equality and end the discrimination, and the only way to do that is if our voices are heard.

To find out who your legislators are and how to contact them click here