Kelly Hayes
A proposal by Plantation Democratic Sen. Lauren Book to prohibit the use of gay and transgender panic defense in Florida courts has moved through its first committee — but not without confusion.
The bill (SB 718) passed through the Senate Criminal Justice Committee in a 6-2 vote. The legislation would establish the Gay and Transgender Panic Legal Defense Prohibition Act.
The bill would prohibit an individual’s sexual orientation or gender identity/expression from being used as a defense to justify the conduct of the defendant. It would alter current law, which allows for a defendant to use a “panic defense” to justify or mitigate sentencing by arguing that their act was in response to a person being gay or transgender.
“The current state of Florida law, which allows someone to essentially assault another person simply based on the sexual or gender identity, cannot stand,” Book said in presenting the bill. “The use of a panic defense is essentially doing legal gymnastics to defend a hate crime.”
At least 11 other states have banned the use of an LGBTQ panic defense. The American Bar Association called on states to take legislative action to end the use of the panic defenses in 2013, Book said.
“I think it’s really important for us in Florida to finally recognize and ban the horrific use of panic legal defenses,” said Miami-Dade Democrat Annette Taddeo, who supported the bill. “Homophobia and Transphobia have been enshrined and protected in our legal system under what you’re trying to fix.”
But, several lawmakers seemed to remain skeptical on just what the bill aimed to do.
Pinellas County Republican Sen. Jeff Brandes, who ultimately voted to approve the bill, expressed concern that it may unfairly punish individuals in less-serious circumstances. He alluded to a situation of an individual finding out a person they know is transgender, and reacting by pushing them away.
“If they were informed with new information that they did not normally perceive, their reaction maybe to say, ‘I’m not of that mind,'” Brandes said. “And so that would seem to be a defense that would be reasonable and rational. Now, I can see how it can be abused and clearly don’t want it to be abused, but it seems like that would be a rational response to to discovering new information.”
Brandes suggested amending the bill to separate situations such as assault and battery from murder under what the defense could use.
Other Senators also expressed confusion over just what the bill sought to do. Gainesville Republican Keith Perry, who ultimately voted down on the bill, thought it may be unfair to straight individuals.
“I’m still not clear on both sides and making it fair,” Perry said. “The example you heard about the the gay guy getting beat up, I’m not sure if the straight guy got beat up how that would work … What we want the justice system is fairness.”
Sumter County Republican Dennis Baxley, who voted against the bill, echoed Perry’s concerns.
“It’s pretty much a position that, you know, if you’re the transgender or gay person, then you have special protections and rights, and if you don’t, you’re not,” Baxley said. “I’m just for equal rights for everybody, you know, liberty and justice for all — and not special groups get special treatments.”
“Yes, we need to address abuse, there’s no excuse for abusing another human being,” he continued. “This gets so gray. To me, I’m sorry, I’m trying to understand, who are we protecting from what here?”
Miami-Dade Democratic Sen. Jason Pizzo, who chairs the committee, voiced support for the bill and tried to explain its impact to his Republican colleagues.
“So I think we get actually exactly where you want to be — true equal treatment, but just not being able to claim in response, in reply or as a defense, that ‘I thought I was hooking up with a woman, and I have more information, (what) I learned is that I was with a man.’ And you can’t say that.'” Pizzo said.
The legislation is now onto the Senate Judiciary Committee, and, if approved there, will only face one more committee stop before it can go before the Senate. An identical bill (HB 1471) has been put forward in the House by Fort Lauderdale Democrat Rep. Carlos Guillermo Smith.
If passed, the bill would become effective July 1.
