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N.Y. becomes eighth state to ban ‘gay panic’ defense

Cuomo signs measure during Stonewall 50th celebrations

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New York Gov. Andrew Cuomo has signed into law a ban on gay panic defense. (Photo courtesy of the Office of Governor Andrew Cuomo)

Amid celebrations of WorldPride and the 50th anniversary of the Stonewall riots in New York City, New York Gov. Andrew Cuomo signed into law a measure banning the use of trans and gay panic as a legal defense.

Cuomo penned his name to the legislation Sunday during a signing ceremony with LGBT advocacy leaders who supported passage of the ban on gay and trans panic defense in court.

ā€œThe gay and trans panic defense is essentially a codification of homophobia and transphobia, and it is repugnant to our values of equality and inclusion,”  Cuomo said in a statement. “This defense strategy isn’t just offensive ā€” it also sends a dangerous message that violence toward LGBTQ people is somehow OK. It’s not, and today we’re sending this noxious legal tool to the dustbin of history where it belongs.”

Individuals accused of violent crimes against LGBT people have in the past invoked gay and trans panic defenses in court to receive a lesser sentence, and in some cases, avoid conviction. In essence, the accused would blame the emotional disturbance of finding their victim was LGBT to avoid legal consequences for the act of violence.

Ethan Rice, senior attorney at Fair Courts Project at Lambda Legal, said in a statement the new law is ā€œan important and long overdue step toward treating the LGBTQ community equitably.ā€

ā€œLGBTQ people in New York should never have to experience violence,ā€ Rice said. ā€œWhen it happens, LGBTQ people certainly should not be faced with blame for this violence. These ‘defenses’ have no place in our justice system.ā€

On the same day Cuomo signed the ban, his office unveiled a video featuring Delores Nettles, the mother of Islan Nettles, a transgender woman who was murdered in Harlem in 2013 and whose assailant used the trans panic legal defense in court.

“I am so grateful that New York is banning this legislation so that no mother has to go through this again,ā€ Delores Nettles said in a statement. ā€œWe must keep fighting so that all trans people can live free from violence and discrimination.ā€

The Washington Blade has placed a request in with Cuomoā€™s office seeking data on how often the gay and trans panic was invoked as a legal defense in New York before the governor signed the law.

Present at the signing ceremony were Chad Griffin, outgoing president of the Human Rights Campaign, and Alphoso David, a counselor to Cuomo whoā€™ll begin serving as the next Human Rights Campaign president in August.

State Sen. Brad Holyman (D-Chelsea) pushed the legislation, S3293/A2707, through the state legislature with Assembly member Daniel Oā€™Donnell and was present at the signing ceremony.

“By banning the so-called gay and trans panic defense, New York is sending a message to prosecutors, defense attorneys, juries and judges that a victim’s LGBTQ identity shouldn’t be weaponized against them,ā€ Holyman said.

New York becomes the eighth state to have banned the use of gay and trans panic defense. Other jurisdictions with bans are California, Illinois, Rhode Island, Nevada, Hawaii, Maine and Connecticut.

California became the first state to ban gay and trans panic defense in 2014 after Kamala Harris ā€” then California attorney general, now a U.S. senator and 2020 ā€” pushed legislation through the state legislature that former Gov. Jerry Brown signed into law.

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U.S. Military/Pentagon

Pentagon will identify transgender service members and begin discharging them

Policy goes further than the anti-trans military ban in first Trump term

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Defense Secretary Pete Hegseth (Screen capture: C-SPAN)

The Pentagon on Thursday said that within 30 days it will draft and submit a procedure to identify service members who are transgender and begin discharging them from the military within 30 days of that date.

In his second administration, President Donald Trump has ordered an anti-trans military ban that goes further than the policy introduced during his first term, which only prohibited the military from accepting trans enlistees.

LGBTQ groups and other parties that filed lawsuits managed to significantly delay enforcement of the order for years, and likewise they are challenging the 2025 iteration in multiple federal courts.

On Thursday, New York State Attorney General Letitia James and a coalition of 20 attorneys general filed a brief to the U.S. District Court for the Western District of Washington supporting the plaintiffs in one of those cases.

The White House directed the Pentagon to submit a formal policy detailing how the ban would be enforced via Trump’s Jan. 27 executive order, “Prioritizing Military Readiness and Excellence,”ā€”which, like Thursday’s memo, denigrated trans soldiers and dismissed the sacrifice of their service.

Also per Trump’s directive, earlier this month the military announced it would discontinue providing gender affirming medical care and stop welcoming would-be enlistees who are trans.

Critics argue the administration’s policy doesn’t just fail to strengthen the military or fortify America’s defenses, as promised in the title of Trump’s directive, but it actually imperils those very objectives by separating qualified, proven soldiers at the expense of readiness and preparedness without a reasonable justification for their exclusion.

The Pentagon specified the exemptions would be reserved for only cases “provided there is a compelling government interest in retaining the service member that directly supports warfighting capabilities,” and even then only for service members who demonstrate “36 consecutive months of stability in [their] sex without clinically significant distress.”

Estimates of the number of trans service members range from the low thousands to as many as 15,000.

“The scope and severity of this ban is unprecedented. It is a complete purge of all transgender individuals from military service,” Shannon Minter of the National Center For Lesbian Rights told Reuters.

Other LGBTQ organizations shared statements condemning the memo on Thursday.

SPARTA:

Transgender Americans have served openly and honorably in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

No policy will ever erase transgender Americans’ contribution to history, warfighting, or military excellence. Transgender service members have a unique fighting spirit and will continue to defend the constitution and American Values no matter what lies ahead.

In the meantime, SPARTA Pride continues to stand in solidarity with all transgender service members.

The Human Rights Campaign and Lambda Legal, in a joint statement:

The Human Rights Campaign Foundation and Lambda Legal today condemned the Department of Defense (DoD) guidance implementing the Trump administrationā€™s policy banning transgender individuals from enlisting or continuing to serve in the United States Armed Forces that was issued Feb. 26. The policy institutes a 30-day period to begin separation of any current transgender servicemember currently in the military and has immediate impacts on access to healthcare and treatment of transgender servicemembers.

“A dishonorable action from a dishonorable administration. This attack on those who have dedicated themselves to serving our country is not only morally reprehensible but fundamentally un-American. Forcing out thousands of transgender servicemembersā€”who have met every qualification to serveā€”does not enhance military excellence or make our country safer. Instead, the United States will be losing highly trained professionals who serve in roles critical to our national security.Ā  The courage and sacrifice demonstrated by transgender servicemembers in uniform-deserve our utmost respect and protection, not discrimination. This blatant injustice cannot stand, and we look forward to continuing to represent the brave transgender servicemembers in court.ā€Ā 

Earlier this month, Lambda Legal and HRCF filed aĀ federal lawsuitĀ challenging the constitutionality of the Trump administrationā€™s ban on military service by transgender people. The lawsuitā€”brought in response to the administrationā€™s Jan. 27 executive orderā€”was filed on behalf of six actively serving transgender service members, a transgender person seeking to enlist in the military, and Gender Justice League, a civil and human rights organization headquartered in Seattle.

On Feb. 19, Lambda Legal and HRCF asked the district court to block the trans military ban while the litigation proceeds.

Read more about the case here:Ā https://lambdalegal.org/case/shilling-v-trump/

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus:

The contrast between Donald Trumpā€”who cried ā€œbone spursā€ to avoid military serviceā€”and the countless transgender Americans who serve their country with valor couldnā€™t be any clearer. Now, Trumpā€™s Department of Defense has taken the latest steps to oust thousands of qualified, dedicated, and deployable servicemembers simply because he doesnā€™t like who they are. This is morally wrong, unconstitutional, and stupid. 

President Trumpā€™s discriminatory ban will needlessly create gaps in critical chains of command, endanger our national security, and flush millions of dollars spent on training these servicemembers down the drain. Every American who is willing and able to serve should be able to, regardless of how the President feels about their identity. As chair of the Equality Caucus, the largest coalition of members in the House of Representatives, I am committed to seeing this un-American ban undone and working to pass explicit, long-lasting protections for transgender people who sign up to serve their nation into law.

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National

Trans rights rally to take place at US Capitol on Saturday

Participants expected to protest outside White House

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U.S. Capitol
(Washington Blade photo by Michael Key)

Following the recent wave of legislation passed against transgender and gender diverse people across the country, the Trans Unity Coalition is holding a rally at the U.S. Capitol on Saturday.

The Trans Unity Coalition is a nonprofit advocacy organization established to support and empower the trans community across the country. Bree Taylor, the groupā€™s founder and executive director, discussed the event, which will take place at 9:30 a.m. in front of the Capitol.

ā€œThis is a day for the transgender community, our allies, and elected officials to come together and address the needs of our community,ā€ she said in a statement to the Washington Blade. ā€œThe goal here is empowerment.ā€

Trans activist and social influencer Kayden Coleman and researcher Chloe Schwenke are scheduled to speak on the current threats that the trans community, both in D.C. and around the country, face, as well as the needs of the community moving forward.

ā€œWe aim to make this a day which, in addition to the direct ongoing needs of the trans community, also touches on intersectional needs and the importance of inclusivity,ā€ said Taylor.

The rally is set to begin with participants gathering at the Capitol before they march down Constitution Avenue. The event will end with a demonstration in front of the White House’s South Lawn.

The rally is expected to last about four hours. It is the 10th one the Trans Unity Coalition has held this year.

The group on Jan. 30 held similar rallies in Michigan, California, Texas, Massachusetts, Kentucky, Utah, Georgia, Ohio, and Colorado. Those rallies were held at each respective statesā€™ capitals.

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Michigan

Mich. lawmaker introduces resolution asking SCOTUS to overturn Obergefell

Far-right lawmaker stripped from committee assignments for extreme rhetoric

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marriage equality, Supreme Court, gay news, Washington Blade
Vin Testa in front of the U.S. Supreme Court waves a Pride flag after the justices issued their Obergefell v. Hodges decision on June 26, 2015. (Washington Blade photo by Michael Key)

Republican Michigan state Rep. Josh Schriver introduced a resolution Tuesday asking the U.S. Supreme Court to overturn the 2015 Obergefell v. Hodges ruling, which established the nationwide right to same-sex marriage.

The lawmaker announced the move in a post on X, having previously shared a press release announcing plans to file the resolution, which argues that same-sex marriage is “at odds with the sanctity of marriage, the Michigan constitution, and principles upon which the country was established.”

Schriver’s resolution has 12 co-sponsors, and similar measures have been introduced in other states including Idaho, Iowa, Montana, North Dakota, and South Dakota.

Responding to one of his posts advocating for the overturning of Obergefell in December, Michigan Gov. Gretchen Whitmer, a Democrat, said “any attempt to strip away gay marriage is wrong.”

Last month, the far-right politician was heard telling colleagues in leaked audio that gender affirming healthcare should be banned for minors as well as adults: “If we are going to stop this for anyone under 18, why not apply it for anyone over 18? It’s harmful across the board and that’s something we need to take into consideration in terms of the endgame.”

Earlier this month, he proposed banning birth control and reposted a message promoting the white nationalist Great Replacement conspiracy theory, the latter leading to Michigan House Minority Leader Matt Hall’s (R) decision to remove Schriver from his committee assignments.

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