Virginia Democrats Introduce Hate Crimes, Gay and Trans Panic Defense Bills

Last legislative session of the General Assembly here in Virginia, LGBT Virginians finally achieved non-discrimination protections in employment, housing and public accommodations - things long blocked by Virginia Republicans always intent on prostituting themselves to Christofascist extremists in the party base. While this legislation marked a sea change and made Virginia the first state in the former South to grant such protections, additional legislation remains needed.  Hence the introduction of bills for the 2021 session that would (i) add anti-LGBT violence to the state's hate crimes act and (ii) eliminate the ridiculous gay/transgender panic defense that has allowed anti-LBGT bigots to literally get away with murder while signaling that LGBT lives carry less value. Expect whining and lies from the Virginia GOP and Christofascists who will claim such laws "persecute" Christians.  A piece in MetroWeekly looks at the proposed legislation.  Here are article highlights: 

A pair of Virginia lawmakers has introduced a pair of bills to prohibit defense lawyers from employing the gay or transgender “panic” defense, and to ensure anti-LGBTQ bias crimes are prosecuted to the fullest extent of the law.

The first measure, introduced by Del. Danica Roem (D-Manassas), would prohibit the use of the LGBTQ “panic” defense to argue for leniency for violent crimes committed against people based on their sexual orientation or gender identity. Typically, the defense seeks acquittal or reduced penalties for a defendant by claiming they were in fear or became irrational upon learning of a victim’s LGBTQ identity.

LGBTQ advocates, including the National LGBT Bar Association, have long advocated for ending the “panic” defense, claiming it provides justification for bias-motivated crimes or acts of violence.

“Preventing the LGBTQ+ ‘panic defense’ to be used as a ‘legitimate’ mechanism in our court system shows that LGBTQ+ lives and bodies are equal to all in the eyes of the law and that our justice system doesn’t condone violence against our community,” Roem said in a statement. “With this legislation, we are taking action to ensure no one can get away with committing a violent crime against a LGBTQ+ Virginian because they simply exist or are vulnerable enough to be visible as their authentic self.”

Wesley Bizzell, the president of the National LGBT Bar Association, expressed full support for Roem’s bill. According to the Bar Association, one in five lesbian, gay, or bisexual Americans, and one in four transgender Americans will be victims of hate crimes at some point in their lifetimes.

“[F]or far too long courts have allowed prejudice and stigma to excuse the beatings and murders of LGBTQ+ individuals, especially trans individuals,” Bizzell said. “By allowing a criminal to escape punishment for their horrific violence against LGBTQ+ victims, the LGBTQ+ ‘panic’  defense enables a shocking miscarriage of justice.”

“We’ve seen the ‘panic’ defense used to protect those who commit acts of terrible violence based in hate,” added Sen. Ghazala Hashmi (D-Midlothian), who has introduced a measure to complement Roem’s bill. “Delegate Roem’s legislation clarifies that an offender’s perceptions or beliefs about a victim’s sex, gender or gender identity cannot be used as a defense for committing a crime.

“We continue to shine a spotlight on the unacceptable nature of hate crimes,” Hashmi said in a statement. “These acts of violence or vandalism seek to inflict pain and suffering not only on one or two individuals but on entire communities. The real goal of hate crimes is to strike fear and generate terror among targeted communities, and our legal response must be to prevent that power to terrorize.”

The Anti-Defamation League has also come out in support of the Virginia bills.

“ADL is pleased to welcome the introduction of two new bills in Virginia that will work hand-in-hand to provide ​more ​comprehensive and inclusive protections for hate crime victims,” Meredith Weisel, the senior associate regional director for ADL’s Washington, D.C. region, said in a statement. “At a time when hate crimes, ​including those targeting the LGBTQ+ community, are on the rise here in Virginia, we must ensure that our laws are consistent with our Commonwealth’s values. ​Both bills send the clear message that it is unacceptable — and unjustifiable — to attack people based on their identity. We urge the Virginia legislature to swiftly pass both measures into law.”