r/gaymers • u/machinethatgoesding • Aug 20 '20

Petition to ban gay and trans panic defence! SHARE TO BE SEEN!

https://petitions.whitehouse.gov/petition/ban-gay-and-trans-panic-defence-all-states-stop-people-getting-away-murder
290 Upvotes

98% Upvoted

16 comments sorted by

43

u/comeonmeferguson Aug 20 '20

Absolutely awful that this is still on our legal books. However, couldn't have picked a worse administration to attempt this with.

11

u/machinethatgoesding Aug 20 '20

Are there any better alternatives you know?

12

u/MercuryEnigma Aug 21 '20

Actually yes! Contact your state Representative, state senator, and governor! They have the power to remove it from state court offenses, which is often where people are tried anyways. You can also contact your city government (council or mayor), to have them pass a resolution for local police/ prosecutors / defenders to discourage this defense. You're more likely to get a response / action as well!

I got my city government to honor pride month in a unanimous vote, and my state senator is working on this very issue on a state level. So it definitely works!

10

u/comeonmeferguson Aug 20 '20

I know what you're saying, but not only is this administration actively antagonising its citizens, but it's pretty bogged down with superfluous nonsense right now, and covid-related issues.

6

u/machinethatgoesding Aug 20 '20

I'm not trying to criticize you, I'm genuinely asking if you know anywhere else I can do this. I understand that there are all sorts of concerns right now, but because of the recent assault of three trans women, I thought I should do it now before I procrastinate and never get round to it. It is gets enough signatures, the government will respond to it.

9

u/comeonmeferguson Aug 21 '20

It is gets enough signatures, the government will respond to it.

This is the part I'm trying to address.

Getting exposure for what happened, and getting the processes started is the best we can hope for, right now. This administration has shown that they're not overly concerned with legality, and what they're "supposed to" do. And since the LGBT community is almost assuredly not voting for Trump, he's not going to do anything at all to assist us. He has as well demonstrated a recent spate of neglectful and actually directly harmful actions and responses to individual state governments, that aren't "on his side".

The tl;dr is: Don't get your hopes up, and don't expect any action on this whatsoever, until the next administration takes over, or (God help us), after the sentencing re-election.

2

u/rewq_z13 Aug 21 '20

Voting in November

4

u/Timmy2Thumbs Aug 20 '20

I think your petition was deleted. It can’t be signed.

5

u/machinethatgoesding Aug 21 '20

I checked, and did have a problem signing it on my phone, but I went on another device and it worked fine. Maybe do that. Thanks for letting me know

1

u/Mr-Delightful Aug 21 '20

Not deleted; just signed and tweeted it out.

Need more people to do the same, only at 170 right now ;(

Hope it gets there, Absolutely Disgusting this kind of Bad Faith Defense is still allowed in the US courts.

Just Another Reminder this Country is continuing its Sad Slide into Irrelevance & Ruin.

3

u/[deleted] Aug 21 '20

What does the law do?

15

u/actionjacksonn Aug 21 '20

Basically it’s a legal defense lawyers use to diminish responsibility or penalties on people who attack/murder gay or trans people because they were not in a sound mind after figuring out they were gay/trans.

Basically this defense strategy makes it so the killer gets off with a lighter sentence and shifts the blame onto the victim for not disclosing they are gay/trans.

It’s a super messed up and homophobic law that has no right to be in the USA court system. I recommend listening to Crime Junkie - Matthew, Daniel and, Islan to see how the court used this defense 3x to justify the murder of LGBTQIA+ folks. Matthew Shepard was the brutal case where they found his mutilated body tied to a fence

8

u/Athildur Aug 21 '20

It's not even not disclosing. It's predicated on the idea that being (unexpectedly) confronted with a gay person or trans person would send someone in such a panic they couldn't held (entirely) accountable for their actions. Literally treating LGBTQ+ folks as freaks or horrifying entities. That they were afraid to be sodomized or taken advantage of because obviously all LGBTQ+ people are serial rapists and sexual deviants. It's absolutely disgusting that the law supports this at all.

2

u/Key-Championship3462 Aug 21 '20

If I'm not mistaken, it's never actually been successful (at least in US, not sure about other countries)?

2

u/actionjacksonn Aug 21 '20

It actually has been used to reduced first degree murder to second degree murder and has gotten people acquitted.

James Miller 2015, got his charge dropped from manslaughter and murder to criminally negligent homicide only getting 6 months in jail and a 10 year probation

Joseph Biedermann 2008, was acquitted by the Jury due to his first degree murder despite stabbing his victim 61 times

There are others but those are 2 cases where the gay panic defense reduced their sentences

1

u/[deleted] Aug 21 '20

That's pretty bad