Schwarzenegger Signs 'Gay Panic' & LGBT Housing Bills, Vetoes School Bias

[davidinalameda]

http://www.365gay.com/Newscon06/09/092906calif.htm

California Gov. Arnold Schwarzenegger signed legislation Thursday night making it more difficult for defendants to us the so-called 'gay panic' defense.

The bill grew out of the brutal slaying of transgender teen Gwen Araujo in 2002. At the trial of three men accused of punching, gashing, choking, tying up and strangling the 17 year old attorney's claimed their clients had panicked when it was discovered by two of the men with whom Araujo had sex that she was born biologically male. The three were convicted but it took two trials.

The Gwen Araujo Justice for Victims Act directs the Office of Emergency Services to create training materials for district attorneys on best practices to address the use of bias-motivated defense strategies in criminal trials. The bill also requires the Judicial Council to adopt a jury instruction that tells jurors not to consider bias against people because of sexual orientation, gender identity or other characteristics in rendering a verdict.

"The enactment of this bill will help keep bias and hatred out of our courtrooms," said Assemblymember Sally Lieber (D-San Jose) who authored the bill. "All Californians - regardless of gender, sexual orientation, disability, religion or ethnicity - should be treated fairly by our criminal justice system."

[bluestateguy]

1. School bullying should be punishable by time in jail

nt

[Sinti]

2. 'gay panic' defense - WTF!!!??? Every time I see this I just want to

bang my head against a wall. The 'gay panic' defense should not exist, period, in any case, at any time. It should be the courtroom equivalent of saying, "I beat him/her, because he/she was drinking a Coca-Cola and I prefer Pepsi." :grr:

The bill however is a good step in the right direction, it appears.