Despite concern and confusion, Florida Senate panel OKs ban on ‘gay panic’ legal defense – Tallahassee Democrat
It’s a rare legal move, but some people have claimed that a same-sex advance or flirtation caused a momentary loss of self-control, even temporary insanity, making them hurt or even kill another person.
Now, Florida lawmakers are considering banning what’s known as the “gay panic” or “transgender panic” criminal defense.
State Sen. Lauren Book, D-Plantation, introduced a measure this year (SB 718) to create a Gay and Transgender Panic Legal Defense Prohibition Act.
The idea is to prohibit criminal defendants from using a victim’s “actual or perceived sexual orientation or gender identity” as a legal defense after they commit violent attacks, cyberstalking or share revenge porn.
The bill, however, ran into trouble Tuesday in the Senate Criminal Justice Committee when some members expressed concern about its effects and confusion over whether it was really needed — though it still cleared the panel on a 6-2 vote.
Book’s bill is one of several on transgender issues this session, as debate on transgender rights has sparked a culture clash in at least 12 state legislatures so far this year.
For instance, Florida is among a dozen states where bills to restrict transgender teens from participating in team sports are advancing.
Read more:
► Same-sex sports bill could harm transgender youth, opponents claim as ‘culture war’ continues
► Mississippi governor signs bill banning transgender athletes from women’s school sports
► Arkansas bill banning treatments for transgender youth heads to governor
► Tennessee Gov. Bill Lee signs athlete bill into law over concerns from transgender community
Sen. Jeff Brandes, R-St. Petersburg, asked several questions about Book’s measure; she had to call on staff members for help in answering. Among those: Whether it would hamper a non-LGBTQ person’s ability to defend themselves against unwanted advances.
Soon, four other members of the panel confessed bewilderment about the bill, including Sen. Dennis Baxley, R-Ocala: “Who are we protecting from what here? I don’t understand the purpose of it.”
Baxley noted that the different scenarios offered as examples as to why the bill was needed were covered by existing laws. He said it would carve out special treatment for individuals based on sexuality.
“Sexual advances, whoever you are, are sexual advances,” Baxley said. “Those are inappropriate and we shouldn’t be protecting anyone … Everyone should be treated equally.”
Baxley and Sen. Keith Perry, R-Gainesville, eventually voted against the measure, but Perry asked to speak to Book after the meeting to get a better understanding of what she was trying to do.
The gay or transgender panic defense dates to the 1920s, according to a staff analysis.
In 2013, the American Bar Association in 2013 recommended state legislatures and Congress curtail its availability. Since then, 12 states have banned the defense, according to the Movement Advancement Project, an LGBTQ issues think tank.
Committee chair Jason Pizzo, D-Miami, advised Book to consider rewriting the bill to make its definitions tighter.
“You’ll get to where you want to be,” said Pizzo, a lawyer.
Sen. Jim Boyd, R-Bradenton, then joined Brandes and the committee’s four Democrats to move the bill along. It has two more committees to clear before being available for the full Senate to hear. A House companion (HB 147) has yet to be heard in committee.
James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com. Follow on him Twitter: @CallTallahassee
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