Assembly Committee Unanimously Approves Ban on Gay+Trans “Panic” Defense

New Jersey moves towards becoming the 9th state to ban the anti-LGBTQ legal practice, following 5 other states in 2019

Today, the New Jersey Assembly Judiciary Committee unanimously approved legislation to ban the gay and trans “panic” defense, setting New Jersey on the path to become the sixth state to prohibit the practice this year.

“Make no mistake, the gay and trans ‘panic’ defense is flat-out legal malpractice, and it’s time for New Jersey to outlaw this horrific and discriminatory legal strategy,” said Christian Fuscarino, executive director of Garden State Equality. “At a time when hate crimes against the LGBTQ community — particularly transgender people — are on the rise in New Jersey, our lawmakers must send a strong, clear message that hate and intolerance are not welcome in our state and can never serve as an excuse for violent crimes, particularly murder.”

Garden State Equality board member Thomas Prol, who testified before the NJ Assembly Judiciary committee this morning, said, “We must end this discriminatory legal strategy that allows murderers of LGBTQ people to use bigotry as a defense and blame their victim. It is time that New Jersey join the eight other states, including New York, Connecticut and California, that have banned the gay and trans ‘panic’ defense because it legitimizes and excuses violent criminal acts against our community. No New Jersey jury should hear that an LGBTQ person ‘had it coming’ simply because of who they are.”

The gay and trans “panic” defense is a legal strategy which asks a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction, including murder. When the defense is employed, the perpetrator claims that their victim’s sexual orientation or gender identity not only explains — but excuses — their loss of self-control and subsequent assault.

Gay and trans “panic” defenses have been used to acquit dozens of murderers of their crimes. Even in instances where juries are instructed not to listen to gay and trans “panic” defenses, the implicit homophobic or transphobic bias of hearing the defense at all can still influence the jury’s decision.

In 2019, five states have outlawed the “panic” defense, including Maine, New York, Hawaii, Nevada, and Connecticut. Three other states have previously outlawed the discriminatory legal strategy: California (2014), Illinois (2017), and Rhode Island (2018).

Former Assemblymen Tim Eustace and Reed Gusciora initially introduced and sponsored legislation in 2014-2015 to ban the “panic” defense. Current legislation, A1796 / S2609, is sponsored in the Assembly by Joann Downey, John Burzichelli, Valerie Huttle, Marlene Caride, Pamela Lampitt, and John McKeon.