New Jersey this week became the ninth state to ban the so-called gay and transgender panic defenses.
, according to the Movement Advancement Project. While California was the first to bar the practice in 2014, six states have banned it in the past year.
The LGBT Bar, an LGBTQ legal nonprofit, has been on the forefront of getting the gay and trans panic defenses banned across the country. The organization defines the controversial practice as “a legal strategy that asks a jury to find that a victim’s sexual orientation or gender identity/expression is to blame for a defendant’s violent reaction, including murder.”
“It is not a free-standing defense to criminal liability, but rather a legal tactic used to bolster other defenses,” the group . “When a perpetrator uses an LGBTQ+ panic defense, they are claiming that a victim’s sexual orientation or gender identity not only explains — but excuses — a loss of self-control and the subsequent assault.”
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