Story at a glance
- Colorado legislature passed a bill outlawing the controversial “gay panic” defense strategy.
- Critics say the tactic is openly homophobic.
Colorado became the 11th state to ban the LGTBQ+ “panic defense,” a controversial legal strategy that allows defendants to blame their own violent behavior — including murder — on a victim’s sexual orientation or gender identity.
Gov. Jared Polis (D), the first openly gay man to be elected governor in the country, signed the bill on Monday and was joined by advocates and lawmakers, The Denver Post reports.
“We’ve come a long way here in Colorado since our days as the Hate State. We really went from a place where discrimination was legalized in the 1990s to where we are today, where Colorado is a leader,” said Polis at the bill’s signing.
The LGBTQ+ panic defense hinges on the idea that a defendant loses their self-control because of the victim’s sexual or gender identity as LGBTQ+. According to the LGBT Bar Association, the defense tactic can taint the jury’s decision, explaining that “even in instances where courts instruct jurors not to engage in bias, the implicit homophobic bias of hearing an LGBTQ+ ‘panic’ defense can still influence the jury’s decision.”
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At the beginning of the 2020 legislative agenda in Colorado, the ban was a high-priority item, but faced delays due to the coronavirus. Democrats initially tabled the effort as part of a flurry of bill-killing meant to adjourn the session as soon as possible, according to The Denver Post. But the move was quickly condemned from both sides, with Republicans voting to keep the bill — which is low-cost and not controversial— alive.
On June 8, the bill was reintroduced by two Republicans and two Democrats, and passed easily with strong bipartisan support. Just one lawmaker, GOP Representative Rod Bockenfeld, cast an opposing vote, The Denver Post reports.
Other states which have passed legislation banning the panic defense include California, Connecticut, Hawaii, Illinois, Maine, Nevada, New Jersey, New York, Rhode Island and Washington. Several other states have pending bills.
“For me, what this bill really means is protecting black trans women, who are the most vulnerable of the communities we’re trying to protect here,” said Rep. Brianna Titone, the first openly transgender lawmaker in Colorado.
Polis signed a handful of other bills into law on Monday with protections for the LGTBQ+ community. KOAA reports these include coverage for HIV/AIDS prevention medications and a new process for obtaining government documents for one’s gender identity.
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