Senator Edward Markey (D-MA) and Congressman Chris Pappas (D-NH) introduced a bill on Monday that would ban the use of sexual orientation and gender identity-based panic defenses in criminal trials.
Known as the LGBTQ+ Panic Defense Prohibition Act of 2023, the bill would prohibit criminal defendants from using a victim’s sexual orientation or gender identity as an “excuse” or “justification” for their violent behavior. The bill goes on to state findings, including that “panic defenses based on sexual orientation and gender identity or expression… are surprisingly long-lived historical artifacts, remnants of a time when wide-spread public antipathy was the norm for LGBTQ individuals.”
According to The LGBTQ+ Bar, only 16 states and the District of Columbia ban the use of this defense strategy. One report showed 16.7 percent of hate crime victims in 2019 were targeted because of their sexual orientation, and 2.7 percent were targeted for their gender identity.
Markey said of the bill’s introduction, “Members of the LGBTQ+ community, particularly trans people of color, are facing ongoing, escalating, and intensifying violence emboldened by hateful actions and speech by elected officials at every level of government.” This bill was also previously introduced by Markey in 2021.
As Pride Month comes to an end, legislative attacks on LGBTQ+ members—particularly transgender individuals—continue amid efforts to protect those most vulnerable. Recently, a court struck down Arkansas’ ban on gender-affirming care for transgender youth and a judge blocked Indiana’s ban on gender-affirming care.