PORTLAND, Ore. — Senate Bill 704, aimed at providing clarity and justice in crimes committed against LGBTQ+ Oregonians by changing current laws that allow for a “gay panic defense,” has passed in the Oregon Senate.
Under current Oregon law, it is possible to commit an act of murder in the second degree or claim self-defense because the act was committed due to an “extreme emotional disturbance” caused by the victim’s gender, gender identity, gender expression or sexual orientation. This is colloquially called the “gay panic defense.” SB 704 bans the use of this defense.
“The fact that this defense is available in state law is a relic of hate against LGTBQ+ individuals,” said Sen. Katie Lieber. “No one should be able to use a person’s identity to justify or excuse acts of violence against them. Legal protection for bigotry is absolutely unacceptable and repealing this antiquated and hateful law is long overdue.”
“As only the second LGBTQIA+ and first openly gay member of the Oregon Senate, I feel very strongly about ensuring that Oregon is a safe place for my community,” Sen. Lieber added. "In addition, as an attorney and former prosecutor, I know well the need for clear, statutory language when it comes to protecting communities who are at risk of discrimination and violence."
The bill is headed to the Oregon House of Representatives for consideration. If it passes, Oregon will be only the 13th state to ban the “gay panic defense.”
“We have seen a rise in hate and bias crimes in Oregon, and we know 2020 was the deadliest year for transgender individuals nationwide," said Senate Majority Leader Rob Wagner, who introduced SB 704. "This necessary legal change to remove an outdated, so-called ‘legal strategy' grounded in hate. This is a step in the right direction toward justice for LGTBQ+ Oregonians.”
