TW: violence against LGBT+ groups.
The year is 2017, and one of the biggest LGBT+ issues currently being discussed is whether or not a trans person can use the bathroom they identify with. However, transgender people in forty-nine states still face an even deadlier issue: the trans panic defense.
Also referred to as the “gay panic defense,” the LGBT Bar defines the term as when “a victim’s sexual orientation or gender identity is to blame for the defendant’s excessively violent reaction. The perpetrator claims that the victim’s sexual orientation or gender identity not only explain – but excuse – their loss of self-control and subsequent assault of an LGBT individual. “
That’s right, ladies, gentlemen, and nonbinary pals: as of 2017, there are forty-nine states where someone can claim that another person’s identity is a good enough cause for murder.
Another common scenario presented by those who use this defense is that they were about to have sex with someone when they realized that person was transgender. So they murdered them, because that’s an appropriate response, apparently.
Of course, one’s initial reaction is to assume that while the defense can be used, it normally doesn’t work or isn’t used anymore. And it’s true that successful use of these “panic defenses” is rare nowadays. However, it isn’t nonexistent.
In 2013, Islan Nettles was murdered, and her murderer received only twelve years in prison and no hate crime charges. He used the trans panic defense.
In 2015, a United States Marine killed Jennifer Laude, and received six to twelve years after he claimed finding her penis threw him into a rage.
In 2008, an eighth grade boy murdered Larry King, a soft-spoken gay boy described as “effeminate” by his teachers and peers. The murderer used the gay panic defense, saying King had “sexually harassed” him. He received 21 years in prison.
Gwen Araujo’s killers used the trans panic defense in 2004. One of them was granted parole last year, after spending only fourteen years in prison.
In other words, while the gay/trans panic defense won’t get murderers out of facing jail time, it does seem to lead to lighter sentences, especially when the victims are transgender. Besides, the fact that it even exists is disgusting. No one should be able to use hate to justify their actions; hate should incriminate itself.
As of 2017, California is the only state to get rid of the gay/trans panic defense. Buckle up, LGBT+ people and allies; we’ve got a lot of work left to do.
