In California, a bill to prevent the use of the "gay panic defense" is progressing.

On Wednesday, the Assembly Public Safety Committee voted on the bill and passed it by a 4-2 vote. The bill is in memory of Gwen Araujo who was brutally murdered in 2002, hence the name of the bill, The Gwen Araujo Justice for Victims Act.

The bill, if passed would require the judge to instruct the jury (if attempted by the defense attorney) that the use of societal bias, including so-called "panic strategies", to influence the proceedings of a criminal trial is inconsistent with the public policy of the State of California.

The author of the legislation is Assemblywoman Sally Lieber. "We should not allow criminal defendants to blame their victims," said Lieber. "We prohibit discrimination based on race, religion, gender and sexual orientation in nearly all areas of public life. Why should we allow killers to use bias and intolerance as a justification for murder?"

This bill will hopefully bring more awareness of the transgender community, as well as rid California of this nonsensical defense.

"Allowing defendants and their attorneys to succeed in appealing to anti-transgender bias among jurors is like putting a bull's eye on the back of every transgender person in the state," said Christopher Daley, Director of the Transgender Law Center. "Through this bill, the Legislature has the ability to assure transgender people that the anti-discrimination policies that protect them in California institutions apply to the courtroom as well."

We'll keep you updated as this legislation progresses.

Posted by Bryan Harding

This entry was posted on Wednesday, January 11, 2006 at 6:35 PM. Want to discuss? Leave a comment below.