New York Governor Andrew Cuomo, a
Democrat, on Sunday signed a bill into law that bans use of the “gay
or trans” panic defense in criminal cases, making New York the
eighth state with such a law.
“The gay and trans panic defense is
essentially a codification of homophobia and transphobia, and it is
repugnant to our values of equality and inclusion,” Cuomo said in
a statement. “This defense strategy isn’t just offensive – it
also sends a dangerous message that violence toward LGBTQ people is
somehow OK. It’s not, and today we’re sending this noxious legal
tool to the dustbin of history where it belongs.”
Criminal defendants who use the
controversial defense claim that a violent act was triggered by the
revelation of a victim's actual or perceived sexual orientation or
gender identity.
States with similar laws include
California, Hawaii, Connecticut, Maine, Illinois, Nevada, and Rhode
Island.
(Related: Hawaii
adds nonbinary gender option on driver's licenses; bans “gay panic”
defense.)
The legislation was sponsored by state
Senator Brad Hoylman, a Democrat from Chelsea, and Assemblymember
Daniel O'Donnell, a Democrat from Manhattan. Both lawmakers are
openly gay and married.
“By banning the so-called gay and
trans panic defense, New York is sending a message to prosecutors,
defense attorneys, juries and judges that a victim’s LGBTQ identity
shouldn’t be weaponized against them,” said Hoylman, who attended
Sunday's signing ceremony.