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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These types of arguments, which are widely considered outdated and offensive, both exploit and work to perpetuate homophobia and transphobia in the criminal justice system, the lawmakers said in a press release Monday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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Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador

Andry Hernández Romero is makeup artist from Venezuela

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.

The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”

“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.

The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.

The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”

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HRC: GOP reconciliation bill would imperil critical LGBTQ-specific programs

Republicans on House Ways and Means Committee released full text Monday

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(Washington Blade photo by Michael Key)

The cuts to federal spending in a reconciliation proposal published on Monday by the U.S. House Energy and Commerce Committee’s Republican majority could jeopardize critical programs that disproportionately serve LGBTQ communities, the Human Rights Campaign warned.

As lawmakers were set to convene for a markup on Tuesday, the country’s largest LGBTQ advocacy group said in a press release that the bill would “pose significant threats” particularly for those that might be “low-income, living with HIV, or facing food insecurity.”

HRC added that conservative members have added provisions that would (1) prohibit the use of federal Medicaid and CHIP funding to support guideline-directed, medically necessary healthcare interventions for transgender youth (2) prevent “states from defining that care as ‘essential health benefits’ for transgender people of all ages,” and (3) block funding for health providers like Planned Parenthood that “have worked diligently to create welcoming, affirming environments for the LGBTQ+ community and that are committed to reproductive freedom and providing care to all who need it.”

Since reconciliation is carved out as an exemption to the Senate filibuster, which typically requires a 60-vote threshold for legislation to pass, Republicans would need only a simple majority in the upper chamber.

In a statement, HRC President Kelley Robinson said:People in this country have been clear — they want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers drafted a handout for billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“Proposed cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics, all of which  disproportionately support LGBTQ+ Americans, are not just numbers on a page. They would mean families forced to choose between seeing a doctor and paying the rent. They would mean people forced to skip check ups and testing. They would mean kids missing meals.

“And attempts to load up the bill with attacks on access to health care for transgender youth drive home the point that this bill is not about the American people, but inflicting harm for political gain. This country deserves better, and we’re going to fight for it.”

Per HRC’s press release, the Congressional Budget Office estimates the Republican led proposal “could kick 13.7 million people off of Medicaid,” a program that covers “a disproportionate share of low-income LGBTQ+ people, including 21 percent of transgender individuals and 40 percent of people living with HIV.”

Along with the threat of withholding access to medicines for individual patients living with HIV, the proposed cuts could also undermine public health goals with respect to America’s decades-long effort to combat the epidemic, along with the work of community health centers that provide “services like mental health support, gender-affirming care, and STI testing.”

The group notes that LGBTQ populations — especially women, younger individuals, and LGBTQ people of color — tend to experience higher rates of food insecurity, the group noted, which means they are likely to suffer greater harm from the “stricter eligibility requirements, work mandates, and benefit reductions” targeting the SNAP program.

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Top Congressional Democrats reintroduce Equality Act on Trump’s 100th day in office

Legislation would codify federal LGBTQ-inclusive non-discrimination protections

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Senate Democratic Leader Chuck Schumer (N.Y.) and Democratic members reintroduce the Equality Act, April 29 2025 (Washington Blade photo by Christopher Kane)

In a unified display of support for LGBTQ rights on President Donald Trump’s 100th day in office, congressional Democrats, including leadership from the U.S. House and U.S. Senate, reintroduced the Equality Act on Tuesday.

The legislation, which would prohibit discrimination on the basis of sexual orientation and gender identity, codifying these protections into federal law in areas from jury service to housing and employment, faces an unlikely path to passage amid Republican control of both chambers of Congress along with the White House.

Speaking at a press conference on the grass across the drive from the Senate steps were Senate Minority Leader Chuck Schumer (N.Y.), House Speaker Emerita Nancy Pelosi (Calif.), House Democratic Whip Katherine Clark (Mass.), U.S. Sen. Tammy Baldwin (Wis.), who is the first out LGBTQ U.S. Senator, U.S. Rep. Mark Takano (Calif.), who is gay and chairs the Congressional Equality Caucus, U.S. Rep. Chris Pappas (N.H.), who is gay and is running for the U.S. Senate, U.S. Sen. Cory Booker (N.J.), and U.S. Sen. Jeff Merkley (Ore.).

Also in attendance were U.S. Rep. Sarah McBride (Del.), who is the first transgender member of Congress, U.S. Rep. Dina Titus (Nev.), U.S. Rep. Mike Quigley (Ill.), and representatives from LGBTQ advocacy groups including the Human Rights Campaign and Advocates 4 Trans Equality.

Responding to a question from the Washington Blade on the decision to reintroduce the bill as Trump marks the hundredth day of his second term, Takano said, “I don’t know that there was a conscious decision,” but “it’s a beautiful day to stand up for equality. And, you know, I think the president is clearly hitting a wall that Americans are saying, many Americans are saying, ‘we didn’t vote for this.'”

A Washington Post-ABC News-Ipsos poll released Sunday showed Trump’s approval rating in decline amid signs of major opposition to his agenda.

“Many Americans never voted for this, but many Americans, I mean, it’s a great day to remind them what is in the core of what is the right side of history, a more perfect union. This is the march for a more perfect union. That’s what most Americans believe in. And it’s a great day on this 100th day to remind our administration what the right side of history is.”

Merkley, when asked about the prospect of getting enough Republicans on board with the Equality Act to pass the measure, noted that, “If you can be against discrimination in employment, you can be against discrimination in financial contracts, you can be against discrimination in mortgages, in jury duty, you can be against discrimination in public accommodations and housing, and so we’re going to continue to remind our colleagues that discrimination is wrong.”

The Employment Non-Discrimination Act, which was sponsored by Merkley, was passed by the Senate in 2013 but languished in the House. The bill was ultimately broadened to become the Equality Act.

“As Speaker Nancy Pelosi has always taught me,” Takano added, “public sentiment is everything. Now is the moment to bring greater understanding and greater momentum, because, really, the Congress is a reflection of the people.”

“While we’re in a different place right this minute” compared to 2019 and 2021 when the Equality Act was passed by the House, Pelosi said she believes “there is an opportunity for corporate America to weigh in” and lobby the Senate to convince members of the need to enshrine federal anti-discrimination protections into law “so that people can fully participate.”

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