Gay and Trans Panic Defense Bill Sent to Polis for Signature
As of June 12, the Gay and Trans Panic Defense bill (SB20-221) overcame its final hurdle as it passed out of the House of Representatives on a vote of 63-1-1 and is now headed to Denver Governor Jared Polis for signature.
SB20-221 is a revival of HB20-1307, which had passed out of the House before the coronavirus shutdown. Once reconvening, the HB20-1307 was postponed indefinitely on May 26. Through the tireless efforts of Representative Brianna Titone (D-Arvada), Representative Matt Soper (R-Delta), Senator Dominick Moreno (D-Commerce City), Senator Jack Tate (R-Centennial), and Senator Jessie Danielson (D-Wheat Ridge), the bill was reintroduced on June 9.
“This is a unique bill—not only because of its uncommon journey through the legislative process, but because most people we spoke to along the way were shocked that this bill was even necessary. It’s hard to believe that right here in Colorado, as recently as last year, violent offenders attempted to use their victim’s sexual orientation or gender identity as a tool to reduce their sentence. We are so grateful for our legislators who never gave up on fighting for justice,” said Daniel Ramos, executive director of One Colorado
The gay and trans panic defense is a legal strategy that cites a victim’s sexual orientation or gender identity as the causal factor for a defendant’s violent reaction—including murder. In 2013, the American Bar Association (ABA) unanimously approved a resolution to urge governments to ban the use of this tactic, which resulted in ten states banning the defense.
“Banning the gay and transgender panic defense in Colorado is a step forward for civil rights. The significance of this bill passing during Pride Month and at a time when the world is grappling with the horrific killings of Black people is not lost on me. I am honored that I could lend my support to advance legislation that protects vulnerable communities and holds violent offenders accountable. We will celebrate victories like this one, but also stay focused on the long road ahead, as we aim for justice for all,” said Senator Jessie Danielson (D-Wheat Ridge).
The defense has been banned in ten states—California in 2014, Illinois in 2017, Rhode Island in 2018, Maine in 2019, New York in 2019, Nevada in 2019, Connecticut in 2019, Hawaii in 2019, New Jersey in 2020, and Washington in 2020.
In 2018, Representative Joe Kennedy of the U.S. House and Senator Edward Markey also proposed a nationwide ban, which One Colorado signed onto as a supportive coalition partner.
Sam Brinton, vice president of Advocacy and Government Affairs for The Trevor Project, said, “Access to quality health care without discrimination is critical right now, and thankfully, whatever this new rule may say, LGBTQ people are still protected under the law. This rule sends a dangerous and confusing message to healthcare providers at the worst possible time.
“In the midst of a global pandemic with serious implications for the LGBTQ youth The Trevor Project serves, the last thing our nation needs is for the Administration to suggest, contrary to the plain language of the Affordable Care Act, that medical care providers don’t have to treat transgender and nonbinary people with the same care and respect as everybody else.”
