Kennedy and Markey Push For End To "Gay Panic" Defense

We’ve heard it before, and we’ve shaken our collective heads that it can be used as a defense, but maybe now, with the help of Congressman Joseph Kennedy III and Senator Edward Markey, both Democrats, both from Massachusetts, the “Gay Panic Defense” might become a thing of the past.

Kennedy and Markey introduced new legislation this week—the Gay & Trans Panic Defense Prohibition Act—that would ban the use of anti-LGBT panic defense from being cited as a legal defense in federal court for murdering someone, or bashing someone, or beating someone.

Kennedy said an admission of committing a violent crime against someone because they’re LGBT “is not a defense, it is a hate crime” and added:

“Legal loopholes written into our laws that seek to justify violent attacks against our gay, lesbian, bisexual and transgender neighbors should never have existed in the first place.”

Markey agrees, saying a person’s sexual orientation or gender identity “cannot ever excuse violence, and our courtrooms should not be used as chambers of hate”:

“Gay and trans panic legal defenses reflect an irrational fear and bigotry toward the LGBTQ community and corrode the legitimacy of federal prosecutions. These defenses must be prohibited to ensure that all Americans are treated with dignity and humanity in our justice system.”

The “fear” of having a gay man hit on you or finding that the person you’re in a relationship with, or even just casually dating, is transgender, have been used as defenses for murder for decades. The first, well-known case, was that of the two men that murdered Matthew Shepard and used “gay panic” as a defense.

And even in 2018, it goes on; earlier this year, a former police officer in Austin received a ridiculously light sentence for stabbing his neighbor to death by playing the “He hit on me” card.

Now, I ain’t holding my breath for this bill to go through, not with the virulently homophobic, transphobic Congress and White House, but, you know, if even of us—and by that, I mean all of us—vote blue in November, maybe we can get this thing done and never again have to hear someone say they murdered a man because he tried to kiss them; or murdered a person because they found out they were trans. That’s hate, plain and simple, and murder, plain and simple, and this excuse needs to be stopped.

And, while the Gay & Trans Panic Defense Prohibition Act would ban the anti-LGBT panic defense in federal courts, it wouldn’t apply to charges brought in state courts.

And so that’s all the more reason to vote blue at the federal level, the state level, the country level and the city level, because we can never, never, count on the GOP or the Bastard-In-Chief to help our community.

We do it by electing those that will, and standing up for our rights, and marching for our rights, even after all these years.

The Washington Blade

The Democrats Introduce LGBT Rights Bill In Both Houses

It was just a couple of weeks ago that President Obama once again made history in regards to the LGBT community when he became the first president to mention us, all of us, in a State Of The Union address:

“As Americans, we respect human dignity, even when we’re threatened, which is why I’ve prohibited torture, and worked to make sure our use of new technology like drones is properly constrained," the President told Congress. "It’s why we speak out against the deplorable anti-Semitism that has resurfaced in certain parts of the world.  It’s why we continue to reject offensive stereotypes of Muslims – the vast majority of whom share our commitment to peace.  That’s why we defend free speech, and advocate for political prisoners, and condemn the persecution of women, or religious minorities, or people who are lesbian, gay, bisexual, or transgender.  We do these things not only because they’re right, but because they make us safer."

And after this morning’s award of the ISBL Asshat of the Week to Congressman Chris Smith, who said LGBT rights are not human rights, it’s fitting that legislators in both houses of Congress have reintroduced the Human Rights Defense Act, a bill that was filed during the last congressional session, but never came to the floor for a vote.

Two Democrats—Congressman Alan Lowenthal [center above], of California, and Senator Ed Markey [right above], of Massachusetts—reintroduced the Human Rights Defense Act in their respective houses of congress. 

The Human Rights Defense Act would allow the State Department to react to discrimination and violence toward LGBT communities around the world. It would immediately create a special envoy within the State Department to respond to reports of violence toward LGBT communities globally, and would require the State Department to create a LGBT section in their annual country by country report on human rights. The bill also calls for congress to adopt a global strategy to address discrimination against the LGBT community.

While a bill proclaiming the universal rights of gay people might seem a hard sell to the Republicans in charge of both houses — especially since one of their own so easily dubs us as not ‘human’ and some, running for President, maybe, are very vocally anti-LGBT —  the Democrats have one incentive this year that they didn't have last summer. If congress does not act, most of the provisions in the Human Rights Defense Act are things President Obama could do on his own with an executive order.

Because he stands by us, and for us, and with us, as do most in the Democratic party, and I don’t see many, or any, Republicans willing to do the same.

via NCRM