California Gov. Jerry Brown Signs Law Outlawing 'Gay Panic' Legal Defense

California Governor Jerry Brown has signed into law a bill outlawing the "gay panic" defense in court. Under previous state law, murder charges could be reduced to manslaughter if it was shown the act took place suddenly or in the heat of the moment (so-called "panic" killings). Now, however, it is no longer viable to claim a person's gender or sexual orientation triggered the "panic."

Equality California adds this is the first measure of its kind in the nation.

California closer to ending Gay Panic defense

AB2501 passed the California State Assembly on Wednesday and now will be heading to the California State Senate. If approved, the bill will amend Section 192 of the Penal Code, relating to manslaughter and states:

[...]for purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim’s or defendant’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.

In other words, it would eliminate the "gay panic" defense that's trotted out in the murders of gay people and especially MTF transsexuals. The line of reasoning goes that a man becomes so distressed by being hit on by another man that he loses the ability to control his actions and thus can't be held accountable when he (usually brutally) murders the offender. Absurd as it is - it's really just a contemporary "Twinkie Defense" - it remains surprisingly effective. Fingers crossed that the bill passes the Senate and becomes law.

Steve Grand’s ‘All-American Boy’ and the End of the Gay-Panic Defense

Once upon a time, you could get away with violence if it was brought on by ‘gay panic.’ Now legal moves to ban that defense—and a viral hit song about a gay crush that ends amicably — might signal the end of the era of straight retaliation. 

Just in time for July Fourth, Steve Grand—a singer-songwriter who hopes to become the first gay male country icon—released his debut video on YouTube. “All-American Boy” is a paean to everything country: bonfires, whisky, pickup trucks, the American flag, skinny-dipping, and trying to make out with your best friend as soon as the girls are gone. In just a week it’s already racked up nearly a half million views on YouTube. Not bad for a 23-year-old kid from Chicago with no label, no agent, and no management.

Grand has the voice to make it, not to mention the face and the abs (especially the abs). But is country music ready for him? Who knows? Artists like k.d. lang and Chely Wright have proven that the world is ready for lesbian country singers, at least in a limited capacity; after all, neither of them is (or aspires to be) Miley Cyrus or Carrie Underwood. A true gay country star in his prime still seems as far away as a gay leading man. But even if Grand is just a sexy flash in the pan, the video for “All-American Boy” is still noteworthy.