Virginia lawmakers have approved a bill to ban the use of gay or trans “panic” defenses in the state, sending it to Gov. Ralph Northam for his signature into law.
The bill, patroned by Del. Danica Roem (D-Manassas), states that a person’s actual or perceived sex, gender, gender identity, or sexual orientation is not “in and of itself, or together with an oral solicitation,” a defense to murder, manslaughter or other violent acts.
The bill is intended to ensure that criminal defendants cannot use a victim’s identity to argue they were justified in using lethal force against a victim, even if the victim hits on them or makes a pass at them.
Contrary to what some opponents claim, the bill does not dismiss traditional self-defense lawsuits, meaning a defendant can be justified in defending themselves if they are ever physically attacked by a person who happens to be LGBTQ, but simply cannot use a person’s sexual orientation or gender identity, or their own biases against LGBTQ people, as justification for their own acts of violence.
The bill passed largely along party lines, with all Democrats and four Republicans voting for passage in the House, and 20 Democrats and three Republicans passing it in the Senate after senators adopted their own amendments.
With Roem’s approval, the House agreed to the Senate amendments, sending the bill on to Gov. Northam. With Northam’s signature, Virginia will become the 12th state in the country to ban the defense.
Roem celebrated the bill’s passage, tweeting: “It’s done. We’re banning the gay/trans panic defense in Virginia.”
It’s done: We’re banning the gay/trans panic defense in Virginia. 🏳️⚧️🏳️🌈
Much of the opposition to the bill was due to concerns by lawmakers about restricting the types of defenses that defendants may employ in court, or the belief that Virginia courts would outright reject a “panic” defense, thereby making the bill unnecessary.
Sen. Joseph Morrissey (I-Richmond), an independent who typically caucuses with Democrats, said lawmakers would be going “down a very slippery slope” if they began limiting the types of defenses a defendant could employ, reports NBC affiliate WVIR.
But Sen. Jennifer McClellan (D-Richmond) said that lawmakers have previously repealed defenses that people found abhorrent, and noted instances in which courts in the commonwealth have previously accepted the “panic” defense as legitimate.
Historically, “panic” defenses have been used by defendants in a number of high-profile cases around the country — one of the most notorious instances being the case of two men ultimately convicted of murdering Matthew Shepard, an openly gay college student, in Laramie, Wyoming, in 1998.
Other defendants charged with murdering or maiming LGBTQ victims — such as Gwen Araujo, Angie Zapata, and Marco McMillan — have also attempted to use the defense, arguing that they became “justifiably” irrational or scared when the victim made a pass at them — even in instances where there was no evidence to back up such a claim.
Roem’s bill was supported by the National LGBT Bar Association, which has advocated for similar bills in other states, as well as by LGBTQ advocacy groups. The American Bar Association has also previously recommended that state legislatures curtail the ability of defendants to employ gay or trans “panic” defenses.
LGBTQ rights organization Equality Virginia praised the bill, noting that it would especially help transgender women of color, who are often targeted for violence due to their gender identity.
“While this bill protects all members of the LGBTQ community, it’s especially critical for Black and brown trans women who are facing an epidemic of fatal violence,” Vee Lamneck, the executive director of Equality Virginia, said in a statement. “The LGBTQ panic defense was rooted in homophobia and transphobia and should’ve never been used in our court system. We’re proud of the leadership of Del. Roem and other lawmakers to pass this important legislation.”
Erin Uritus, the CEO of Out & Equal Workplace Advocates, which provided testimony in support of banning the “panic defense,” praised the bill’s passage.
“The ‘panic defense’ is pure victim-blaming rooted in homophobia and transphobia,” she said. “No one should ever be excused for violence simply because of who their victim is. By passing this law, Virginia is sending an irrefutable message that it fully values the lives and dignity of all people. Through our work with hundreds of the largest companies in the United States, we know that American businesses want to see states pass laws that uphold the rights of LGBTQ Americans.”
As Democrats celebrated major wins in key state contests on November 4, a wave of out LGBTQ candidates scored victories of their own in local and down-ballot races, further boosting LGBTQ representation in public office.
In Virginia, boosted by Abigail Spanberger's win in the governor's race, Democrats picked up 13 seats in the 100-member House of Delegates, increasing the size of their caucus to 64. All six incumbent LGBTQ delegates who were up for re-election -- Rozia Henson (D-Woodbridge), Laura Jane Cohen (D-Burke), Mark Sickles (D-Franconia), Adele McClure (D-Arlington), Joshua Cole (D-Fredericksburg) and Cia Price (D-Newport News) -- won their races.
History was made in Pennsylvania several weeks ago, when Erica Deuso became not only her town's first transgender elected official, but the first transgender mayor to be elected in Pennsylvania history.
Deuso's identity -- and the historic nature of her candidacy -- were not the focus of her campaign for mayor of Downingtown, Pennsylvania. Instead, the 45-year-old focused on kitchen-table issues and the nuts and bolts of governing a small city in an exurban county outside Philadelphia.
"After I won my primary, The Philadelphia Inquirer did a story about it, noting, 'This person could be the first trans mayor in Pennsylvania.' But that's not what I was running on," says Deuso. "Everybody I met was really focused on what was in it for their families. What was I going to do about flooding? What am I going to do about public safety? And I kid you not, the first person who approached me, after I found out that I won, was talking to me about a speed bump in their neighborhood."
An interracial gay couple who run an award-winning farm in King George County, Virginia, say they were the targets of a hate-filled act after someone deliberately dumped medical waste on their property following last week’s state elections.
Kevin Graham, 44, and Dragan Kurbalija, 47, own Gardening Gays Farm, a 27-acre property along U.S. Route 301 where they sell flowers, eggs, seasonal produce, and pasture-raised meats, including lamb and chicken.
They also sell jams, sauces, teas, herbal remedies, local honey, handcrafted candles, and other artisan goods at their on-site store, and share their experiences as farmers on YouTube. The business was recently voted King George County’s “Overall Best Business,” “Best Family-Owned Business,” and “Best Agricultural Business” in a county-sponsored “Best of the Best” contest.
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