When I first came upon
this little blurb in the Advocate, at first I was really excited...
The first-ever symposium on "Defeating the Gay Panic Defense" takes place in Atlanta February 23-25. The three-day training course at the Sheraton Colony Square Hotel will feature high-profile speakers and recognized experts from numerous fields. The event is designed to inform and educate criminal justice and law enforcement professionals on an "insidious, illegitimate excuse for unlawful, vicious, and violent attacks on men and women in communities across the country." It is designed to highlight successful prosecution strategies, community education initiatives, and networking opportunities for professionals.
But then...
...I started thinking: "Damn, if they're having a conference on this, what does that mean? It means that this absurd, degrading defense is either being used often or gaining some credence among defense attorneys. Or both."
So while I'm happy that it's being debunked seriously, part of me wonders why the hell it became necessary that we spend this much time on it. It is, after all, not a new thing, but it is becoming more popular recently.
What's behind the gay panic defense? It assumes that irrational fear, to the point of losing control of one's actions is justification for murder. And fear, interestingly, is defined by Webster's as
a feeling of anxiety and agitation caused by the presence of nearness of danger, evil, etc.
Following this, the object that causes us fear/anger/shame is generally seen to be dangerous or evil. Maybe this logic is a little obtuse - it's been a long day. But the idea propping this defense up is that GLBTQ persons are flawed in some way (evil, dangerous, etc.), flawed enough to cause "decent" people to do incredibly destructive things.
And - anyway - it's easier to blame the victim; most of the time in court cases where this defense is used the victim is dead.
Of course, this defense is only being used with GLBTQ folks - could you imagine what would happen were this type of defense used with any other group?
This is all to say that we cannot let people get away with using this defense in court. If the use of the defense has any basis in reality for a particular defendant, then he or she needs some serious psychiatric help and should not be among the general public until s/he is reformed.
If it is being used for any other reason, defense lawyers are making it much easier for others to demean and marginalize gay people.
And also, whether they mean to or not, they are providing a fairly convenient excuse for killing them.