Nevada has become the fourth state to prohibit the use of so-called gay and trans panic defenses, following California, Rhode Island and Illinois.
Perhaps the best known use of the “gay panic” defense in the U.S. was in the murder trial of Aaron McKinney and Russell Henderson, who were found guilty of first-degree murder in the 1998 death of Matthew Shepard. Shepard was a gay student at the University of Wyoming who was robbed, tortured, tied to a fence and left to die by McKinney and Henderson. In court, McKinney’s lawyer argued that his client was driven to temporary insanity following sexual advances by Shepard.
An extension of the “gay panic” defense — the “trans panic” defense — was employed following the murder of Gwen Araujo. Arajuo was a transgender woman who was strangled, beaten with a shovel and buried by a group of four men, two of whom she had been sexually intimate with, in 2002. One defendant's attorney said that his client was not biased and that he had been shocked"beyond reason" to learn he had unwittingly had sex with a man.
Brooke Maylath, a board member for the Reno-based Transgender Allies Group, told NBC News that passage of Senate Bill 97 is a “step forward for Nevada.” “It’s not OK for people to leverage their stigma and further oppress a group of people who don’t deserve this horrible violence,” Maylath said. “It fights back against the notion that our lives are worth nothing. We have jobs, we pay taxes, we contribute to the betterment of society. In death, we should be treated with respect.”
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