In this week’s podcast: • A journalist wrote a scathing piece about Mayor Pete Buttigieg and the mayor called his critic to listen • NYC sees a significant drop in new HIV infections • A Palo Alto police brutality case reaches a settlement • The gay panic defense could be bye-bye in New Jersey • Kasey Musgraves has a new ‘tres gay’ Christmas special on Amazon Prime • Award-winning out singer Matt Zarley drops his take on the holiday classic, “Have Yourself A Merry Little Christmas” * Observing World AIDS Day this year Link to Mark King’s essay – Link to JoeMyGod’s essay
The defense has been used to attempt to downgrade charges against defendants who argued that they killed because they were provoked by the disclosure of the victim’s gender identity or sexual orientation.
According to the American Bar Association, eight states had barred the “gay panic” defense as of July 2019. New York was the most recent to do so, in June, when Gov. Andrew Cuomo signed a bill on the 50th anniversary of the Stonewall uprising.
The tactic seeks to exploit a state law that allows for the reduction of a murder charge to manslaughter if the crime is “is committed in the heat of passion resulting from a reasonable provocation.”
The bill, NJ A1796 (18R), which the Assembly approved, 73-0, states that “a provocation is not objectively reasonable if it is based on the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship.”
The bill was first introduced in late 2014 by former Assemblyman Tim Eustace (D-Bergen), the state’s second openly gay lawmaker, but it did not advance through the legislative process until this year.
The legislation now heads to the state Senate where it also must pass to reach Gov. Phil Murphy’s desk.
• Despite 7 Tony nominations, the LGBTQ-themed Broadway musical The Prom will close August 11, but will live on in a small screen version for Netflix produced by Ryan Murphy.
• Two students have been indefinitely suspended from the Kearns High School football team for a social media post showing a Pride flag being burned and threatening LGBTQ people saying, “All gays die.”
• Alabama’s former state Supreme Court Justice, the virulently anti-LGBTQ Roy Moore, has announced he will make another run for U.S. Senate in 2020. (and Republicans are NOT happy about it).
• RuPaul’s Drag Race champs, Bob the Drag Queen and Trixie Mattel, are featured in JetBlue’s new Pride month ad serving up sassy fun as they deliver pre-flight instructions.
• InstaHunk and Chippendale Ryan Worley (above) shares this with the caption, “When you didn’t know someone was taking your photo…” I’m thinking Mr. Worley should get used to folks taking his pic a lot.
• In an interview with Fox News, Democratic White House hopeful (and openly gay) Mayor Pete Buttigieg references the current president saying, “I’m old enough to remember when Republicans talked a lot about character in the Oval Office.”
• Rep. Alexandria Ocasio-Cortez (D-NY) grilled Daniel O’Day, the CEO of Gilead Sciences, over the high costs of the pharmaceutical company’s pre-exposure prophylaxis (PrEP) medication Truvada.
As she correctly points out, Gilead is making billions a year from Truvada, but the core research for PrEP was paid for and done by the U.S. government. Watch AOC push for a decent answer:
.@AOC to Gilead CEO: The list price [for Truvada for PrEP] is almost $2,000 in the US. Why is it $8 in Australia? pic.twitter.com/kPnMQSZE0G
• Following Alabama lawmakers, the Missouri House of Representatives has passed an anti-abortion bill that bans abortions after eight weeks into a pregnancy, and does not have an exception for victims of rape or incest.
• E! Online reports that Queer Eye co-stars Karamo Brown and Antoni Porowski had “an extreme amount of conflict” during the shooting of Season One of the Bravo series.
• Check out the first look trailer for the upcoming new super-hero series, Batwoman, on the CW this fall on Sundays. Australian actress Ruby Rose stars as the openly lesbian crime fighter.
Almost two millions views on YouTube in a day. But the like/dislike ratio is something to see – 87k thumbs down (homophobes) versus 36k thumbs up.
Nevada could soon be the fourth state in the country to ban the use of so-called ‘gay panic’ or ‘transgender panic’ legal defenses.
The bill, SB 97, passed in the state Senate by a vote of 19 – 2. State Sens. Ira Hansen and Pete Goicoechea, both Republicans, were the only lawmakers to vote no.
The legislation now moves to the state Assembly where Democrats outnumber Republicans 29 – 13.
The new legislation would ban legal defenses that argue an alleged criminal’s violent actions were justified or provoked by the knowledge of a victim’s sexual orientation or gender identity. The defense tactic asks juries to blame the victim’s sexual orientation or gender identity for the defendant’s alleged violent crimes.
Language in SB 97 specifically states that “an alleged state of passion or provocation” in a defendant will not be considered a valid defense “if it resulted from… [the] sexual orientation or gender identity or expression of the victim.”
According to the Williams Institute, successful use of the defense can result in murder charges being reduced to manslaughter or other lesser offenses.
The Nevada Current reports that the legislation has the support of the Human Rights Campaign, the Transgender Allies Group, PLAN Votes, Nevada Coalition to End Domestic and Sexual Violence, as well as other LGBTQ organizations.
Only three states – California, Illinois and Rhode Island – have laws in place today that specifically prohibit the use of the defense.
There is similar legislation currently working its way through six states – New Jersey, Washington State, New York, Georgia, Minnesota, and Pennsylvania – as well as Washington, D.C.
Perhaps the most well-known case that used a ‘gay panic’ defense was that of Matthew Shepard, who was beaten to death and left to die tied to a fence on a cold Wyoming night. The two men charged with his murder said ‘gay panic’ excused their actions.
Some news items you might have missed: • InstaHunks Ben Zerbst and Donald Romain took each other to Disneyland for some Hump Day fun. #FutureDILFSofDisneyland • Brunei has defended its punishment of death by stoning for gay sex in a letter to the European Parliament. Under the country’s new law, not only are LGBTQs targeted but adultery garners the same punishment, and thieves and robbers risk amputations. • Prosecutors plan to seek a sentence of four to 10 months’ jail time for actress Felicity Huffman for her role in the college admissions scandal. • This year’s Time 100 – the 100 most influential people of 2019 – includes Lady Gaga, Indya Moore, Ryan Murphy, and Speaker of the House Nancy Pelosi. https://www.instagram.com/p/BwWtrG6gk-W/?utm_source=ig_web_copy_link&igshid=MzRlODBiNWFlZA== • Nevada could soon join the three other states – California, Illinois, and Rhode Island – that ban the ‘gay panic’ or ‘trans panic’ defense in cases of assault or murder. • Folks were wondering why queer rapper Lizzo performed at Coachella Music Festival this past weekend when it came to light owner Philip Anschutz has given his money to anti-LGBTQ organizations. Lizzo explained: “Whether we like it or not most major organizations are run by bigoted millionaires that donate to bigoted organizations. I realize my activism is to disrupt those spaces and spread my message to thousands of ppl.” “Y’all may not agree w it and that’s ok. But know that I’m doing what I gotta do to make sure my big black ass voice is heard. Can’t wait to dismantle the hate that funds this country… but until then, imma be putting big, black, femme, lgbtq+ bodies on stages and telling our stories.” Here’s Lizzo’s latest music video “Juice” featuring a whole bunch of RuPaul’s Drag Race queens for added fun. Her new albumCuz I Love You drops Friday.
Lawmakers in Nevada are considering legislation that would prohibit the use of so-called ‘gay panic’ and ‘trans panic’ defenses in courts across the Silver state.
The bill, SB 97, would ban legal defenses that argue an alleged criminal’s violent actions were justified or provoked by the knowledge of a victim’s sexual orientation or gender identity. The defense tactic asks juries to blame the victim’s sexual orientation or gender identity for the defendant’s alleged violent crimes. The Nevada Current reports that the legislation has the support of the Human Rights Campaign, the Transgender Allies Group, PLAN Votes, Nevada Coalition to End Domestic and Sexual Violence, as well as other LGBTQ organizations.
Only three states – California, Illinois and Rhode Island – have laws in place today that specifically prohibit the use of the defense.
Additionally, there is similar legislation currently working its way through six states – New Jersey, Washington State, New York, Georgia, Minnesota, and Pennsylvania – as well as Washington, D.C.
Supporters of the bill say these defenses are based on “pseudo-science” that plays on irrational fears based on homophobia and transphobia against LGBTQ people in the criminal justice system. When successful, these defenses send a message that violence against LGBT people is somehow understandable or acceptable.
One of the most famous cases that used a ‘gay panic’ defense was that of Matthew Shepard, who was beaten to death and left to die tied to a fence on a cold Wyoming night. The two men charged with his murder attempted to say their ‘gay panic’ excused their actions.
According to the Williams Institute, successful use of the defense can result in murder charges being reduced to manslaughter or other lesser offenses.
Another murderer has successfully utilized the ‘gay panic’ defense in an effort to see his prison sentence reduced.
A 35-year-old man in India had been found guilty of the stabbing murder of his friend and was in the 7th year of his sentence when he appealed to the Bombay High Court crying ‘gay panic.’
Originally convicted for murder and given a life sentence, the court reduced his sentence. The court’s changed the man’s sentence to culpable homicide and released him for time already served.
The man appealed his original sentence saying his friend was trying to have ‘unnatural sex’ with him and that’s why he attacked him.
In their ruling the court Justices said the man’s story seemed ‘plausible’.
‘If a person is asked to indulge in an unnatural sex act and assaulted, it is quite probable such a person in the heat of passion would assault the person demanding such unnatural act,’ the justices said.
Gay panic defenses in the U.S. have been banned in California, Rhode Island and Illinois.
In 2013, the American Bar Association approved a resolution condemning the practice.
In this week’s podcast: • A journalist wrote a scathing piece about Mayor Pete Buttigieg and the mayor called his critic to listen • NYC sees a significant drop in new HIV infections • A Palo Alto police brutality case reaches a settlement • The gay panic defense could be bye-bye in New Jersey • Kasey Musgraves has a new ‘tres gay’ Christmas special on Amazon Prime • Award-winning out singer Matt Zarley drops his take on the holiday classic, “Have Yourself A Merry Little Christmas” * Observing World AIDS Day this year Link to Mark King’s essay – Link to JoeMyGod’s essay 
