GoFuckYourself.com - Adult Webmaster Forum - View Single Post - New York state bans the Gay panic defense

Bladewire · 06-20-2019, 09:57 AM

This is a big loss for GFY users like Dead eye who doesn't want to know if people are Gay and thinks they should sit down and shut up and not be seen or heard.

Te New York State Assembly voted Wednesday to ban the so-called "gay panic" and "trans panic" defenses in court, paving the way for the measure to become law.

Sponsored by Assemblyman Daniel O'Donnell, it prevents defendants from putting forth an affirmative defense that a victim's sexual orientation or gender identity is a "reasonable explanation or excuse" for the commission of a crime.

The bill, which already passed the State Senate, now heads to Governor Andrew Cuomo, who has indicated he will sign it.

The American Bar Association has called on states to eliminate the gay-panic defense, but only a half-dozen (including New York) have done so. While it's rarely resulted in an acquittal, the strategy has successfully resulted in lesser charges and lighter sentences for perpetrators of violent hate crimes.

Just last year, Texas resident James Miller received 10 years probation after being convicted of murdering his neighbor. Miller claimed he stabbed Daniel Spencer twice in the back because Spencer made an advance.

Glennda Testone, executive director of New York LGBT Community Center, praised the ban's passage today.

"The Center wholeheartedly applauds New York State lawmakers for passing a ban on the gay/trans 'panic' defense... ensuring that LGBTQ New Yorkers who are victims of hate crimes will no longer be blamed for the violence committed against them," she said in a statement. "This legislation makes it clear that homophobia and transphobia cannot be used in our courts to justify discriminatory violence."

This legislative session has seen numerous victories for New York's LGBTQ community , including a ban on conversion therapy and the passage of the Gender Expression Non-Discrimination Act (GENDA), which bans discrimination in employment, housing, and public accommodations based on gender identity and expression and provides enhanced penalties for hate crimes.

06-20-2019, 09:57 AM
Bladewire StraightBro Industry Role: Join Date: Aug 2003 Location: Monarch Beach, CA USA Posts: 56,232	New York state bans the Gay panic defense This is a big loss for GFY users like Dead eye who doesn't want to know if people are Gay and thinks they should sit down and shut up and not be seen or heard. Te New York State Assembly voted Wednesday to ban the so-called "gay panic" and "trans panic" defenses in court, paving the way for the measure to become law. Sponsored by Assemblyman Daniel O'Donnell, it prevents defendants from putting forth an affirmative defense that a victim's sexual orientation or gender identity is a "reasonable explanation or excuse" for the commission of a crime. The bill, which already passed the State Senate, now heads to Governor Andrew Cuomo, who has indicated he will sign it. The American Bar Association has called on states to eliminate the gay-panic defense, but only a half-dozen (including New York) have done so. While it's rarely resulted in an acquittal, the strategy has successfully resulted in lesser charges and lighter sentences for perpetrators of violent hate crimes. Just last year, Texas resident James Miller received 10 years probation after being convicted of murdering his neighbor. Miller claimed he stabbed Daniel Spencer twice in the back because Spencer made an advance. Glennda Testone, executive director of New York LGBT Community Center, praised the ban's passage today. "The Center wholeheartedly applauds New York State lawmakers for passing a ban on the gay/trans 'panic' defense... ensuring that LGBTQ New Yorkers who are victims of hate crimes will no longer be blamed for the violence committed against them," she said in a statement. "This legislation makes it clear that homophobia and transphobia cannot be used in our courts to justify discriminatory violence." This legislative session has seen numerous victories for New York's LGBTQ community , including a ban on conversion therapy and the passage of the Gender Expression Non-Discrimination Act (GENDA), which bans discrimination in employment, housing, and public accommodations based on gender identity and expression and provides enhanced penalties for hate crimes.