Washington (June 27, 2025) - Senator Edward J. Markey (D-Mass.) and Representative Chris Pappas (NH-01) announced the reintroduction of the LGBTQ+ Panic Defense Prohibition Act, legislation that would prohibit the use of “panic” defenses based on sexual orientation or gender identity in federal courts. These defenses seek to partially or completely excuse crimes—such as murder and assault—on the grounds that the victim’s sexual orientation or gender identity provoked the defendant’s violent reaction. LGBTQ+ “panic” defenses have been used in courts for decades. It’s long past time to stop sanctioning violence against the LGBTQ+ community.
“Members of the LGBTQ+ community—especially trans people of color—experience disproportionate levels of fatal violence,” said Senator Markey. “For far too long, LGBTQ+ ‘panic’ defenses have been used in courts to blame LGBTQ+ victims for the crimes committed against them. The LGBTQ+ Panic Defense Prohibition Act puts a stop to this hateful and discriminatory practice, banning this defense in federal courts. LGBTQ+ people deserve to be treated with dignity and respect.”
“No person’s sexual orientation, gender identity, or gender expression should ever a be a justification for assault or murder, and it is unconscionable that violent perpetrators can still attempt to avoid accountability for their crimes by using bigoted ‘panic’ defenses in our federal courts,” said Representative Pappas. “I’m proud that a bipartisan coalition of legislators came together in my state of New Hampshire to ban their use in our state courts beginning last year, but we still need to make progress on the federal level to provide every American the same protections under the law. Congress should ban the use of these bigoted defenses in federal courts as well, and I am committed to working to ensure justice is afforded to all.”
The bill is cosponsored by Senators Jeff Merkley (D-Ore.), Tim Kaine (D-Va.), Richard Blumenthal (D-Conn.), Alex Padilla (D-Calif.), Cory Booker (D-N.J.), Martin Heinrich (D-N.M.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wisc.), Ron Wyden (D-Ore.), Tina Smith (D-Minn.), and Amy Klobuchar (D-Minn.).
The LGBTQ+ Panic Defense Prohibition Act is endorsed by the Massachusetts Transgender Political Coalition and Advocates for Trans Equality (A4TE).
In 2023, Senator Markey and Representative Pappas introduced the LGBTQ+ Panic Defense Prohibition Act. In June 2025, Senator Markey issued a statement disapproving of the Supreme Court’s recent ruling in United States v. Skrmetti, which upheld Tennessee’s cruel and discriminatory law that bans access to essential gender-affirming care for trans youth.
Recently, Senator Markey co-sponsored the No Place for LGBTQ+ Hate Act, which would push back against the Trump administration’s attempts to target the rights and freedoms of LGBTQ+ individuals nationwide. Senator Markey also co-sponsored the Equality Act, which would amend federal anti-discrimination laws to explicitly include sexual orientation and gender identity as a protected group and prohibit discrimination against LGBTQ+ individuals in employment, housing, education, and access to credit and services.
Representative Pappas serves as Co-Chair of the Congressional Equality Caucus and is New Hampshire’s first openly gay member of Congress. In his role as Co-Chair of the Equality Caucus, he has helped to introduce and pass the Equality Act through the House of Representatives and enact the Respect for Marriage Act into law. Representative Pappas also leads the SERVE Act, which would guarantee and protect VA benefits for LGBTQ+ veterans and led successful calls for the Food and Drug Administration (FDA) to reassess policy that blocked members of the LGBTQ+ community from donating blood.
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