Limiting Gay, Trans 'Panic' Defenses.

• Author: House, Whitney J.
• Position: TRENDS - Brief article

At least five states are considering bans on using so-called gay and transgender "panic" defenses in murder cases.

In jurisdictions that allow these defenses, a criminal defendant can argue that his violence was justified or excused by the shock of learning the victim was gay or transgender. Defendants' claims that their panic negated the malice element, required for a murder conviction, have in some cases succeeded in reducing charges to manslaughter.

The only states with legislative bans on gay and trans panic defenses are California, which enacted its law in 2014, and Illinois, which did so last year. Similar measures have gained attention this year in the Minnesota, New Jersey, New York, Rhode Island and Washington legislatures, among others. The Florida Supreme Court barred the defenses in Patrick v. State in 2012.

Gay and trans panic defenses have been allowed in about half the states since the 1950s, including in the Matthew Shepard and "Jenny Jones Show" cases. Those who oppose eliminating the defenses are concerned that a murder defendant could be denied the right to a complete, fair defense under the...