Mallory explained that the belief in so-called 'gay and trans panic' comes from the idea that there is something “wrong” with LGBTQ+ individuals. “These defenses are not free-standing defenses, but rather theories used to support other types of defenses, such as provocation or self-defense.” “The 'gay and trans panic' defenses are arguments that some criminal defendants have raised when being charged with murdering an LGBTQ+ person,” Mallory told. Mallory is one advocate trying to do away with the “antiquated” courtroom defense strategy, which she says helped legitimize violent acts committed by a person who claims they were triggered by their victim's sexual or gender identity.Īccording to the institute, the defense has been used in more than 25 states by people claiming of self-defense, provocation and insanity. As lawmakers around the country are pushing for LGBTQ+ equality, many experts want to see the 'gay and trans panic' as a defense to criminal acts barred from America’s courtrooms.Ĭhristy Mallory is the legal director at UCLA’s Williams Institute, an interdisciplinary organization that focuses on the laws and policies surrounding sexual orientation and gender identification.
