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Markey, Pappas introduce bill to ban use of the LGBTQ panic defense

Measure introduced during Pride month

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U.S. Sen. Edward Markey (D-Mass.) (Washington Blade file photo by Michael K. Lavers)

U.S. Sen. Ed Markey (D-Mass.) and U.S. Rep. Chris Pappas (D-N.H.) introduced legislation on Monday that would prohibit all U.S. federal courts from allowing use of the LGBTQ panic defense, a legal tactic that has been banned in 16 states and D.C.

In criminal trials involving violent crimes against LGBTQ people, the so-called “gay panic,” “trans-panic,” or more broadly, “LGBTQ panic” defense is raised to argue for more lenient sentencing or otherwise in an attempt to lessen the defendant’s culpability in the eyes of a judge or jury.

These types of arguments, which are widely considered outdated and offensive, both exploit and work to perpetuate homophobia and transphobia in the criminal justice system, the lawmakers said in a press release Monday announcing their bill.

Markey and Pappas noted LGBTQ panic defenses have been used in criminal law for decades, perhaps most famously after the 1998 murder of gay college student Matthew Shepard. During trial, counsel for the defense argued their client was triggered by an unwanted sexual advance by Shepard.

The case would galvanize calls to take action against bias-motivated violence, eventually leading to Congress’s passage in 2009 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Nevertheless, use of LGBTQ panic defenses has persisted. The lawmakers noted a prominent recent example with the 2019 prosecution of the man who murdered 17-year-old Washington teen Nikki Kuhnhausenthe. Law enforcement noted during trial that the defendant was “shocked,” “uncomfortable” and “disturbed” upon learning Kuhnhausenthe was transgender.

The LGBTQ panic defense “is not only antiquated, but actively legitimizes violence against the LGBTQ+ community and encourages homophobic and transphobic bigotry within our legal system,” Markey said.

“No one’s sexual orientation or gender identity is a defense for assault or murder,” Pappas said, “and it is time Congress follows the lead of states that have already banned this defense in their courts.”

The lawmakers also highlighted the pervasive problem of violent crimes targeting LGBTQ people, highlighting statistics compiled by the country’s largest LGBTQ advocacy organization, the Human Rights Campaign.

HRC has recorded more than 256 cases of fatal violence against trans Americans, more than 80 percent of whom were people of color. Last year, according to the organization, at least 38 trans people were killed in the U.S., the majority of whom were trans women of color.

Markey also introduces gender-affirming care bill

Also on Monday, Markey introduced the Gender Affirming Care Access Research for Equity (CARE) Act, a bill that would authorize federal health authorities to research barriers to gender affirming health treatments and study the consequences of gaps and disparities to access.

The legislation would provide for the annual allocation of $25 million over five years for the National Institutes of Health and the U.S. Centers for Disease Control and Prevention. It comes in response to efforts by lawmakers in conservative states to restrict their trans residents’ access to medically necessary care, Markey noted, with 20 states passing bans targeting youth so far this year.

“Trans health is health, and health care is a human right,” he said. “We have a moral obligation to protect, defend, and expand the fundamental right for transgender and nonbinary people to get the care they need despite the tremendous legal, financial, and social barriers they too often face when accessing their health care.”

According to a press release from Markey’s office, cosponsors for the bill include Democratic Sens. Alex Padilla (Calif.), Mazie Hirono (Hawaii), Elizabeth Warren (Mass.), Peter Welch (Vt.) and Jeff Merkley (Ore.) 

At the end of March, Markey introduced the Trans Bill of Rights with U.S. Rep. Pramila Jayapal (D-Wash.), whose provisions include ensuring the community’s access to necessary medical care. The same day, Markey and other Democratic senators sent a letter urging President Joe Biden to shore up federal protections for trans Americans’ access to gender affirming care and health providers administering this care who are “facing threats of violence and limits on their ability to provide care.”

Additionally, last year the Massachusetts senator issued a letter to the U.S. Department of Justice, the U.S. Department of Health and Human Services, and the U.S. Drug Enforcement Administration, urging them to “lift barriers to testosterone and expand access to gender-affirming hormone therapy for transgender people, including transgender men and transmasculine nonbinary people.”

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Congress

Five HIV/AIDS activists arrested outside Susan Collins’s D.C. office

Protesters demanded full PEPFAR funding

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HIV/AIDS activists protest outside U.S. Sen. Susan Collins (R-Maine)'s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

U.S. Capitol Police on Tuesday arrested five HIV/AIDS activists who protested outside U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building.

A press release that Housing Works, Health GAP, and Disability Voters of Maine issued notes 30 HIV/AIDS activists “carried out an act of civil disobedience” at Collins’s D.C. office and “delivered mock ‘bodybags'” to her office in Portland, Maine.

“Activists were reacting to deadly harms caused by Collins’s unwillingness to hold Office of Management and Budget (OMB) Director Russell Vought accountable for illegally obstructing the release of already appropriated funding for lifesaving HIV treatment and prevention,” reads the press release.

Elizabeth Koke, senior director of brand strategy for Housing Works, told the Washington Blade that Housing Works CEO Charles King is among those who were arrested in D.C. The press release notes 30 HIV/AIDS activists participated in the protest.

U.S. Capitol Police escort Housing Works CEO Charles King away from U.S. Sen. Susan Collins (R-Maine)’s office in the Dirksen Senate Office Building on Oct. 14, 2025. (Photo courtesy of Housing Works)

Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.

Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work. (The State Department last month announced PEPFAR will distribute lenacapavir, a breakthrough HIV prevention drug, in countries with high prevalence rates.)

The New York Times in August reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion in foreign aid that Congress had already approved.

The federal government has been shut down since Oct. 1.

“In July, we applauded Collins’s willingness to fight for people with HIV which resulted in a temporary reprieve from further unlawful cuts,” said Health GAP Executive Director Asia Russell. “In response, Vought has gone behind Collins’s back. Why isn’t she fighting back? We cannot allow Collins to refuse to take action now — just because Vought is violating the law doesn’t mean she can break her promise to people with HIV.” 

Collins chairs the Senate Appropriations Committee.

“Collins has said that PEPFAR funds are not reaching people in need, yet she refuses to use the full power of her position to end the political obstruction and lawlessness while people continue to die,” said Marie Follayttar of Disability Voters of Maine. “The consequences of her inaction, and of her votes, will be measured in body bags around the world.”

The protesters’ press release notes two specific demands for Collins:

• Fully restore PEPFAR programming by directing Vought to release withheld PEPFAR funding consistent with Congressional appropriations

• Include the release of withheld PEPFAR funding as part of her 6-point plan to re-open government

“Senator Collins has been the Senate champion for PEPFAR and was responsible for saving the program from $400 million in cuts just three months ago,” Blake Kernen, Collins’s press secretary, told the Blade on Wednesday. “It was difficult to understand what the protesters wanted or their message.”

“Many entered the office, sat on the ground, and used a loud noisemaker, which made it impossible to hear,” said Kernen. “A member of Sen. Collins’s staff offered to speak with the group, but they continued to shout over her and refused the offer.”

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Congress

Mike Waltz confirmed as next UN ambassador

Trump nominated former national security advisor in May

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

The U.S. Senate on Sept. 19 confirmed former U.S. Rep. Mike Waltz (R-Fla.) as the next U.S. ambassador to the U.N.

The Florida Republican had been the national security advisor until President Donald Trump in May tapped him after U.S. Rep. Elise Stefanik (R-N.Y.) withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

Senators approved Waltz’s nomination by a 47-43 vote margin.

“Thank you President Trump and the U.S. Senate for your trust and confidence to Make the UN Great Again,” said Waltz on X.

The U.N. General Assembly is taking place this week in New York. Trump is scheduled to speak on Tuesday.

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Congress

State Department urged to restore LGBTQ-specific information in human rights reports

Congressional Equality Caucus sent Secretary of State Marco Rubio a letter on Sept. 9

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Secretary of State Marco Rubio during his confirmation hearing on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The Congressional Equality Caucus has called upon the State Department to once again include LGBTQ and intersex people in their annual human rights report.

U.S. Reps. Robert Garcia (D-Calif.), Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who co-chair the caucus’s International LGBTQI+ Rights Task Force, spearheaded a letter sent to Secretary of State Marco Rubio on Sept. 9.

The 2024 human rights report the State Department released last month did not include LGBTQ-specific references. Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, described the removal of LGBTQ and intersex people and other groups from the report as “deliberate erasure.”

“We strongly oppose your decision to remove the subsection on Acts of Violence Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics (SOGIESC Subsection) from the State Department’s Annual Country Reports on Human Rights Practices (Human Rights Reports),” reads the letter. “We urge you to restore this information, or else ensure it is integrated throughout each human rights report.”

Congress requires the State Department to release a human rights report each year.

The Congressional Equality Caucus’s letter points out the human rights reports “have been a critical source of information on human rights violations and abuses against LGBTQI+ persons around the world.” It specifically notes consensual same-sex sexual relations remain criminalized in more than 60 countries, and the 2017 human rights report included “details on the state-sponsored and societal violence against LGBTQI+ persons in Chechnya, including extrajudicial killings.”

Immigration Equality in response to the 2024 human rights report said the reports “serve as key evidence for asylum seekers, attorneys, judges, and advocates who rely on them to assess human rights conditions and protection claims worldwide.”

“The information in these reports is critical — not just for human rights advocates — but also for Americans traveling abroad,” reads the Congressional Equality Caucus’s letter. “LGBTQI+ Americans and their families must continue to have access to comprehensive, reliable information about a country’s human rights record so they can plan travel and take appropriate precautions.”

The caucus’s full letter can be read here.

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