Orlando Democratic State Representative Rita Harris filed House Bill 137, cited as the “Gay and Transgender Panic Legal Defenses Prohibition Act,” in an effort to protect gay and transgender Floridians.
Senate Minority Leader Lauren Book, a Democrat from Davie, filed the Senate companion bill, Senate Bill 156.
If passed, the Florida legislation would prohibit the use of “gay and transgender panic” defenses in court. According to the American Bar Institution, these defenses seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.
Though no state explicitly allows these panic defenses, defendants across the country have used these defenses during trials.
“This is common sense legislation that protects Florida’s LGBTQ+ citizens so that direct hate against them may not stand up in court,” said Representative Harris. “In a time when gay and transgender Floridians are under attack by extremist politicians, it is our responsibility as lawmakers to stand up for this community. It is well past time for politicians to stop vilifying the LGBTQ+ community and stand against hate. As lawmakers, the least we can do is prohibit homophobia and transphobia from being used as valid excuses in the judiciary.”
“As lawmakers, our duty is to create a society that values and protects every individual, regardless of their sexual orientation or gender identity,” said Democratic Leader Lauren Book. “The ‘panic’ defense is an affront to justice, allowing perpetrators to evade accountability for heinous acts based on prejudice. This legislation is a crucial step in safeguarding the rights of LGBTQ+ Floridians, sending a clear message that hate has no place in our courts or our communities.”
The Movement Advancement Project cites that 17 states and the District of Columbia have passed legislation that prohibits the use of legal defenses claiming the victim’s sexual orientation and/or gender identity contributed to the defendant’s actions. Most recently, the State of New Hampshire implemented a similar policy, which was signed into law by Republican Governor Chris Sununu.
Florida’s legislative session is set to begin on January 9, 2024. If passed, which is unlikely in the Republican legislature, this bill would take effect July 1, 2024. View the bills online: SB 156/HB 137
