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‘Gay Panic or Transgender Panic Defense’ Bill Passes Out of House Judiciary Committee

By
March 3, 2020
•
#
min read

Denver, CO -- On March 3rd, the Colorado House Judiciary Committee voted 6-2 to pass HB20-1307 onto a second reading in the full House. One Colorado, the state’s leading advocacy organization for lesbian, gay, bisexual, transgender, and queer (LGBTQ) Coloradans, released the following statements:

‍“From the beginning, this bill has been a bi-partisan effort, and we have seen that collaboration across the aisle continue today. This is about people’s safety here in Colorado, not any political or religious ideology. We need to ban the gay and trans panic defense to hold violent offenders accountable for their attacks on members of the LGBTQ community.”

‍- Daniel Ramos, One Colorado Executive Director

‍"Gay and transgender people, particularly transgender women of color, have been targets of violent crimes throughout history. We need to do everything in our power to end these vicious attacks. Banning the gay and trans panic defense will send a message that hatred and bigotry are grounds for further punishment, not excuses for violent crimes.”

‍- Representative Leslie Herod (D-Denver), House co-prime sponsor of HB20-1307 and Chair of the Black Caucus

‍“When the DAs approached me about working on this bill in the House, I was stunned to discover that our current laws allow someone to murder a gay or transgender person and use the shock of finding out as an excuse for their violent actions. I believe in personal responsibility, and a perpetrator of murder or violent assault shouldn’t be able to use the victim’s sexual or gender identity as a defense to remove all culpability of the perpetrator’s actions. It’s time to abolish gay panic and transgender panic defense!”

‍- Representative Matt Soper (R-Delta), House co-prime sponsor of HB20-1037

‍Co-prime sponsors of HB20-1307 are Representative Leslie Herod (D-Denver), Representative Matt Soper (R-Delta), Senator Jeff Bridges (D-Arapahoe), and Senator Jack Tate (R-Centennial). 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.

One of the most recognized cases that employed the gay and trans panic defense was that of Matthew Shepard. In 1998, Matthew Shepard, a 21-year-old college student, was beaten to death by two men in Wyoming. The men attempted to use the defense to excuse their actions. Despite widespread public protest, the defense is still being used today.In July of 2008, 18-year-old Angie Zapata from Greeley, Colorado met 31-year-old Allen Andrade and they spent three days together, during which they had at least one sexual encounter. When Andrade discovered that Zapata was transgender, he viciously beat her with a fire extinguisher. Upon his arrest, Andrade said he thought he had “killed it.” Andrade was found guilty of both first-degree murder and a hate crime, and was sentenced to life in prison.The defense has been banned in ten states, being banned in California in 2014, Illinois in 2017, Rhode Island in 2018, Maine in 2019, New York in 2019, Nevada in 2019, Connecticut in 2019, New Jersey in 2020, and Washington in 2020. Similar legislation is currently pending in Pennsylvania and the District of Columbia. In 2018, Representative Joe Kennedy of the U.S. House and Senator Edward Markey also proposed a nationwide ban, which One Colorado signed on as a supportive coalition partner.

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When you visit websites, they may store or retrieve data in your browser. This storage is often necessary for the basic functionality of the website. The storage may be used for marketing, analytics, and personalization of the site, such as storing your preferences. Privacy is important to us, so you have the option of disabling certain types of storage that may not be necessary for the basic functioning of the website. Blocking categories may impact your experience on the website.
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These items are used to deliver advertising that is more relevant to you and your interests. They may also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns. Advertising networks usually place them with the website operator’s permission.
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These items allow the website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features. For example, a website may provide you with local weather reports or traffic news by storing data about your current location.
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‘Gay Panic or Transgender Panic Defense’ Bill Passes Out of House Judiciary Committee

By
March 3, 2020
•
#
min read

Denver, CO -- On March 3rd, the Colorado House Judiciary Committee voted 6-2 to pass HB20-1307 onto a second reading in the full House. One Colorado, the state’s leading advocacy organization for lesbian, gay, bisexual, transgender, and queer (LGBTQ) Coloradans, released the following statements:

‍“From the beginning, this bill has been a bi-partisan effort, and we have seen that collaboration across the aisle continue today. This is about people’s safety here in Colorado, not any political or religious ideology. We need to ban the gay and trans panic defense to hold violent offenders accountable for their attacks on members of the LGBTQ community.”

‍- Daniel Ramos, One Colorado Executive Director

‍"Gay and transgender people, particularly transgender women of color, have been targets of violent crimes throughout history. We need to do everything in our power to end these vicious attacks. Banning the gay and trans panic defense will send a message that hatred and bigotry are grounds for further punishment, not excuses for violent crimes.”

‍- Representative Leslie Herod (D-Denver), House co-prime sponsor of HB20-1307 and Chair of the Black Caucus

‍“When the DAs approached me about working on this bill in the House, I was stunned to discover that our current laws allow someone to murder a gay or transgender person and use the shock of finding out as an excuse for their violent actions. I believe in personal responsibility, and a perpetrator of murder or violent assault shouldn’t be able to use the victim’s sexual or gender identity as a defense to remove all culpability of the perpetrator’s actions. It’s time to abolish gay panic and transgender panic defense!”

‍- Representative Matt Soper (R-Delta), House co-prime sponsor of HB20-1037

‍Co-prime sponsors of HB20-1307 are Representative Leslie Herod (D-Denver), Representative Matt Soper (R-Delta), Senator Jeff Bridges (D-Arapahoe), and Senator Jack Tate (R-Centennial). 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.

One of the most recognized cases that employed the gay and trans panic defense was that of Matthew Shepard. In 1998, Matthew Shepard, a 21-year-old college student, was beaten to death by two men in Wyoming. The men attempted to use the defense to excuse their actions. Despite widespread public protest, the defense is still being used today.In July of 2008, 18-year-old Angie Zapata from Greeley, Colorado met 31-year-old Allen Andrade and they spent three days together, during which they had at least one sexual encounter. When Andrade discovered that Zapata was transgender, he viciously beat her with a fire extinguisher. Upon his arrest, Andrade said he thought he had “killed it.” Andrade was found guilty of both first-degree murder and a hate crime, and was sentenced to life in prison.The defense has been banned in ten states, being banned in California in 2014, Illinois in 2017, Rhode Island in 2018, Maine in 2019, New York in 2019, Nevada in 2019, Connecticut in 2019, New Jersey in 2020, and Washington in 2020. Similar legislation is currently pending in Pennsylvania and the District of Columbia. In 2018, Representative Joe Kennedy of the U.S. House and Senator Edward Markey also proposed a nationwide ban, which One Colorado signed on as a supportive coalition partner.

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Read more to stay up-to-date on the latest Press Releases & Statements happenings at One Colorado.

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Press Releases & Statements

One Colorado PAC Endorses Pro-Equality Candidates

One Colorado's 2024 Candidate and Ballot Measure Endorsements
Press Releases & Statements

One Colorado Hosts "Hops to the Polls" GOTV Kick-Off Event to Mobilize Voters for the 2024 Election

As the 2024 elections approach, One Colorado is calling on all supporters to join the movement and ensure that every voice is heard at the polls.
Press Releases & Statements

One Colorado Celebrates Victory: No-Anti Trans Initiatives on November Ballot

One Colorado is proud to announce a landmark victory in the fight for LGBTQ+ equality in the state. Thanks to the leadership of One Colorado and its coalition partners, all the final proposed anti-trans ballot measures have failed to secure enough signatures to advance to the November ballot.

Stay in the know

Get updates on LGBTQ+ news, events, and ways to be involved!
303 E. 17th Ave, Suite 400, Denver, CO 80203
(303) 396-6170info@one-colorado.org
One Colorado
Our Focus
Take Action
Progress
Resources
Programs
Latest
Donate
Events
Action Fund
State Advocacy
Legislative Reports
Legislation Tracker
Endorsements
Donate
General
Team
Careers
Contact
Board Login
© 2023 One Colorado. All rights reserved.
Branding and website by Luum Studio
Privacy PolicyAccessibilityTerms of ServiceCookies Settings