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(en) France, Union Communiste Libertaire AL #297 - United States LGBTI-phobias: when the law excuses murder (fr, it, pt)[machine translation]

Date Wed, 11 Sep 2019 08:38:12 +0300


In the United States, a large majority of states recognize a criminal's defense of having learned about the victim's sexual orientation or gender identity: this is " gay and trans panic defense " ... ---- In January, Trump decided to ban access to the military for transgender people. Even if the idea of fighting in the colors of the United States (or any other state and imperialist colors for that matter) is foreign to libertarian ideas, this gesture nevertheless constitutes a worrying signal in terms of progress for the rights of LGBTI (lesbian, gay, bisexual, transgender, intersex). ---- Already postponed for the first time in January 2018, the authorization to integrate the army for the trans people was canceled on the pretext of the " high medical cost " of the consequences of the sexual reassignment operations ... even as the budget of the army US exceeds $ 600 billion a year !

Trump is only the tip of the iceberg LGBTIphobe
In late August, the President of the United States reoffended by saying he wanted to allow bosses to dismiss their employees because of their transidentity. The Department of Justice has taken the Supreme Court (the highest sphere of the US judicial system) to review the 1964 Sex Discrimination Act, claiming that it is " biological sex " , as if sex was not already a social construct.

In the United States, the rights of LGBTI people are very fragile and many fights have yet to be fought. Trump is only the tip of the homophobic and transphobic iceberg. For proof: in most of the states that make up this country, it is still possible to invoke a " disorder " as a defense to a crime committed after learning about the sexual orientation or gender identity of the victim . This so-called disorder is named " gay and trans panic disorder " .

Although removed from the Diagnostic and Statistical Manual of Mental Disorders (DSM), which is the reference work published by the American Association of Psychiatry, the gay and trans panic disorder is still used in legal defenses, to come to the rescue of transphobic or homophobic murderers. Murder is only the most brutal expression of the daily oppression of LGBTI people in all spheres of society.

It was only in 2014 that things began to change, when California banned this defense for the first time. In June 2019, the states of Connecticut and New York joined California, Illinois, Rhode Island, Nevada, Maine, and Hawaii among the states banning gay and trans panic defense .

There are still 42 states in the country where this defense is considered legitimate and can drastically reduce the penalty for one of these hate crimes.

Ov (UCL sympathizer)

https://www.unioncommunistelibertaire.org/?Etats-Unis-LGBTI-phobies-quand-la-loi-excuse-le-meurtre
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