Senator Edward J. Markey (D-Mass.) and Representative Chris Pappas (NH-01) announced the reintroduction of the LGBTQ+ Panic Defense Prohibition Act, legislation that would prohibit the use of “panic” defenses based on sexual orientation or gender identity in federal courts. These defenses seek to partially or completely excuse crimes—such as murder and assault—on the grounds that the victim’s sexual orientation or gender identity provoked the defendant’s violent reaction. LGBTQ+ “panic” defenses have been used in courts for decades. It’s long past time to stop sanctioning violence against the LGBTQ+ community.

“Members of the LGBTQ+ community—especially trans people of color—experience disproportionate levels of fatal violence,” said Senator Markey. “For far too long, LGBTQ+ ‘panic’ defenses have been used in courts to blame LGBTQ+ victims for the crimes committed against them. The LGBTQ+ Panic Defense Prohibition Act puts a stop to this hateful and discriminatory practice, banning this defense in federal courts. LGBTQ+ people deserve to be treated with dignity and respect.”

“No person’s sexual orientation, gender identity, or gender expression should ever a be a justification for assault or murder, and it is unconscionable that violent perpetrators can still attempt to avoid accountability for their crimes by using bigoted ‘panic’ defenses in our federal courts,” said Representative Pappas. “I’m proud that a bipartisan coalition of legislators came together in my state of New Hampshire to ban their use in our state courts beginning last year, but we still need to make progress on the federal level to provide every American the same protections under the law. Congress should ban the use of these bigoted defenses in federal courts as well, and I am committed to working to ensure justice is afforded to all.”

The bill is cosponsored by Senators Jeff Merkley (D-Ore.), Tim Kaine (D-Va.), Richard Blumenthal (D-Conn.), Alex Padilla (D-Calif.), Cory Booker (D-N.J.), Martin Heinrich (D-N.M.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wisc.), Ron Wyden (D-Ore.), Tina Smith (D-Minn.), and Amy Klobuchar (D-Minn.).

— from a press release from Senator Markey’s office

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