Trans and Gay Panic Defense

Trans and Gay Panic Defense

People fear what they do not understand. The trans and gay panic defense laws are an excellent example of this. Trans and gay panic defense laws should be outlawed in the United States because they promote hate crimes, lower the defendant’s sentence, and degrade LGBT (Lesbian, Gay, Bisexual and Trans) citizens.

In order to comprehend why these laws are controversial, understanding these definitions is critical. A homosexual is someone who is attracted to the same gender (Wilcox,10) e.i; lesbian and gay. Transgender, a person who does not identify with his or her biological sex (Wilcox, 15). Homophobia is an irrational fear of, aversion to, or discrimination against homosexulity or homosexuals (Wilcox, 49). Transphobia, homophobia against transgender people (Wilcox, 49). Gender Dysphoria, the condition of feeling one's emotional and psychological identity as male or female to be opposite to one's biological sex, and Gender Identity Disorder, conflict between a person's physical gender and the gender he or she identifies as, suggest that transgender people are not normal and that a transgender individual suffers from a mental disorder (Kwan, Lee, 92).

Trans and gay panic defense laws are legal defenses sometimes used in hate crimes. These laws don't dispute the guilt, but they reduce the sentence by arguing the defendant's actions were motivated by advances from the same sex. These laws enable bigoted individuals to show their hatred while ending the victim’s ability to get the full justice they deserve. Trans and gay panic defense is compared to temporary insanity. These laws state that someone could be so overwhelmed after realizing that someone they had a sexual relationship with is trans or by having sexual advances from someone of the same gender can lead to a temporary insanity that causes them to kill the person. These murders that are being justified with the trans and gay panic defense are also known as hate crimes, leading to the same punishment.

Trans and gay panic defense is legal in 49 states. The only state that has outlawed these defense laws is California. Governor Jerry Brown outlawed these defenses on September 27, 2014. One quote taken from Susan Bonilla states, “Clearly this tactic has been utilized by the defendants, unjustly targeting members of the LGBT community, based on damaging stereotypes.” (California Bans Trans and Gay Panic) This legal advance has led to a highly disputed law idea by the American Bar Association, a trade organization for lawyers. This idea urges lawmakers to follow California's example and outlaw trans and gay panic defenses in the United States.

Trans and gay panic defense laws are highly controversial because of all the problems with LGBT rights. Sexual orientation and gender identity are not always considered a protected class. This means there are no laws against LGBT employment discrimination. There are also no set laws against LGBT hate crimes. In only 18 states, gender identity is a protected class. In 21 states, sexual orientation is a protected class. There ar3e laws for hate crimes against transgender individuals in only 15 states. In contrast, 30 states have laws for hate crimes against sexual orientation. This means, in less tolerables states, the trans and gay panic defense stands in court.

On journal article, (The Trans Panic Defense: Heteronormativity, and the Murder of Transgender Women.), states there are three reasons behind Trans and Gay panic. First, the defendant’s desire to enforce gender norms (109). Second, the defendant’s fear of being seen as gay (109). Third, the defendant’s anger because he/she felt deceived (109). Each of these reasons have been seen in many trials using the trans and gay panic defense or, hate crime cases against the LGBT community.

One out of every two transgender people are assaulted for being trans (Kwan, Lee, 96). One in every 1,000 homicides is a transgender hate crime (Kwan, Lee, 96). There were 371 hate crimes against someone in the LGBT community in 2009 alone (Kwan, Lee. 96). The number rose to 431 hate crimes in 2010 (Kwan Lee. 96). Transgenders have a 17 times higher murder rates than cisgenders, relating to a person whose self-identity conforms with the gender that corresponds to their biological sex. In 2009, 11 transgenders were murdered. 12 transgenders were murdered in 2010. This number was constant in 2011 as well. The number steadily rose in 2012, with the murders of 13 transgender women of color. At least 23 transgender women were murdered in the U.S. in 2015. Over 370 transgender murders have occurred in the U.S since 1970. Many of these murders are committed by close family, friends, or romantic partners after coming out as gay or trans. An example of this is the case against U.S Marine Joseph Scott Pemberton. He murdered Jennifer Lawde, a transgender women, in the Philippines after having sexual relations with her. Pemberton claims she was “actually a man”. One of his lawyers stated, “He was so repulsed and so disgusted because he did not give his consent to allow a man to do that to him,” ; Jennifer had performed oral sex on Pemberton. Another statement says, “Pemberton only acted in defense of his life and honor.” (Failed Logic of Trans Panic) Pemberton used the trans panic defense to justify his actions. One case in which the gay panic defense was used took place the year 2009 in Illinois. A gay man was stabbed 61 times by his neighbor after he, the neighbor, had found out the victim was gay. The defendant was freed after using the gay panic defense.

Another trial that used the Gay panic defense took place in California, February 12, 2008. Brandon McInerney,