Delaware bans LGBTQ+ panic defense with overwhelming bipartisan support

Delaware State Sen. Sarah McBride
Photo: Gerri Hernandez/McBride for Delaware

Delaware has officially banned the so-called “gay and trans panic” defense, becoming the 17th state in the nation to do so.

The panic defense is a legal defense strategy used to justify violent crimes against LGBTQ+ people due to a perpetrator “panicking” over discovering their victim’s sexual orientation or gender identity.

According to the Movement Advancement Project, no state allows the defense to be used on its own, but it is often used alongside other defense strategies as a way to advocate for leniency.

Delaware Gov. John Carney (D) signed the ban into law at the end of September. The legislation was sponsored by gay state Rep. Eric Morrison and trans state Sen. Sarah McBride. Morrison told Advocate that many of his colleagues had…

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