HOUSE VOTES TO BAN THE GAY AND TRANS PANIC DEFENSE

The House today passed Representatives Leslie Herod and Matt Soper’s bipartisan bill to ban the use of the gay and trans panic defense. The House vote was 49-19.

“It’s long past time to ban this trans and homophobic defense tactic, “ said Rep. Herod, D-Denver. “A victim’s gender, gender identity or gender expression should never be used to blame a victim for the crime committed against them. We all have the right to a fair trial, and this defense is anything but fair.”

The gay and trans panic defense is a legal tactic that has been allowed as a legal defense but that aims to play on the prejudice of jurors against LGTBQ people. HB20-1307 states that evidence about a defendant’s knowledge or discovery of a victim’s gender, gender identity, gender expression or sexual orientation can no longer be asserted as a legal defense constituting ‘sudden heat of passion’ in a criminal case.