The Future of the LGBTQ+ Panic Defense
There can be no future for the LGBTQ+ panic defense. The use of this transphobic and homophobic 'defense' must be banned across the country through federal legislation. The LGBTQ+ community deserves to have faith in the justice system, something that is already fraught with inequality for those who live at the intersection of other identities.
However, it doesn't stop there. Gwen Araujo and other transgender women of color were victims not only of a hate crime but also of the white masculine systems of power that exist in American society. It is not enough to protect them in death, we must protect their bodily autonomy in life as well. Dismantling the root causes of hate crimes against transgender women of color and ensuring these women have the services they need to stay safe (both mentally and physically), is critical to ensuring the LGBTQ+ panic defense is a thing of the past. This is owed to the families of Gwen Araujo and dozens more who have suffered through extensive trials and painful news coverage when they should have been watching their loved one live their life in joy. The justice system can't bring a loved one back, but society can ensure that no one else has to suffer from such terrible and overwhelming loss and that no transgender woman of color is senselessly murdered over her identity.
From Raquel Willis - a Black transgender woman who is an activist, writer, and cultural organizer - here are 13 steps to ending violence against trans women. These steps were posted on her Instagram on Nov. 20, which is Transgender Day of Remembrance. [1]
1. Prioritizing safety and security: "Politicians, organizations, and corporations who consider themselves 'LGBTQ+ friendly' must be aware of the severe circumstances plaguing TWOC (trans women of color)"
2. Defining violence: "We must accept that violence against TWOC includes: domestic, intimate partner, and state violence. Name all of our sisters - including the ones who die in custody."
3. Media competency: "We must demand accurate reporting on victims' identities and the circumstances surrounding their instance of violence. Out100 honoree Monica Robers has been doing this work for years through TransGriot, painting a consistent track record of independent reporting. Support her work."
4. Accountability: "Perpetrators of violence must be held accountable, and we must work towards identifying justice solutions that include restorative, rehabilitative, and healing justice modalities."
5. Political education: "We must develop a 'community curriculum' to teach political education on the oppression of TWOC and how we can end it together."
6. Economic empowerment: "Hire Black trans women. Period. And if you don't know where to start, as a Black trans woman (and pay her for that labor)."
7. Leadership development: "We must invest in the leadership of TWOC to tackle anti-violence work by donating specifically to organizations and initiatives led by us, supporting the organizing spaces and events created by us, and elevating our voices."
8. Leadership accountability: "We must demand that all leaders of our movement are fighting explicitly in the interest of TWOC, which means making space for us during debates, town halls, forums, events, and beyond."
9. Reallocating resources: "LGBTQ+ nonprofits and initiatives must pivot to specifically prioritize the mission of protecting TWOC, and empowering us to lead this work, allocating budget and programming accordingly."
10. Centering vitality: "We must demand accessible healthcare for all, and only support political candidates and leaders who share this value."
11. Decarceration: "We must, as a community, call for abolishing the current iterations of the prison, immigration, and military industrial complexes, which directly contribute to the deaths of Black queer and trans people."
12. Decriminalization of sex work
13. Reclaim our honor: "#TDOR (Transgender Day of Remembrance) is an exercise in resisting erasure - but the narratives around this day are still owned by the mainstream (read: cis, heterosexual, white, male) media. We must preserve our own histories, legacies, and uplift one another as part of our work in ending and erasing violence."
References:
[1] Raquel Willis (@raquel_willis), "13 STEPS TO ENDING VIOLENCE AGAINST TRANS WOMEN #TDOR," Instagram photo, November 20, 2020, https://www.instagram.com/p/CH0ki0cA17u/