In a compelling display of bipartisanship, New Hampshire State Representative Shaun Filiault made history by successfully championing a groundbreaking law that outlaws the use of the LGBTQ+ panic defense in cases of murder. Initially campaigning as a Democrat, Filiault’s unexpected shift to becoming an Independent was fueled by his belief that the Democratic party lacked the necessary commitment to push forward this crucial legislation. Instead, it was through the Republican party that Filiault found unwavering support for his cause.
Governor Chris Sununu, a Republican, cemented the state’s commitment to justice by signing the bill into law. This move was hailed as a momentous stride toward protecting lives and ensuring public safety. “That really shows this is a bipartisan issue of protecting lives and protecting public safety,” remarked Filiault to The Keene Sentinel, celebrating the remarkable achievement in a state where Republican influence dominates the legislature.
While the bill garnered substantial backing from Democrats, its journey to becoming law was marked by twists and turns. The House of Representatives readily passed the bill in a resounding voice vote in March, reflecting the widespread recognition of its significance. However, Filiault faced an uphill battle in securing Senate Republican support, leading him to make a strategic deal involving a state constitutional amendment related to New Hampshire’s presidential primary. This maneuver was not endorsed by Democratic leadership, prompting Filiault’s departure from the party.
In June, the state senate echoed the sentiment of the House by passing the bill through a voice vote, officially enacting a law that prohibits homicide defendants from evoking the LGBTQ+ panic defense. This defense strategy, which suggests that a temporary insanity plea is justified due to an LGBTQ+ person’s sexual advance, has long been scrutinized for its potential to perpetuate bias and injustice.
While the American Bar Association advocated for the prohibition of this defense in 2013, only fifteen states have taken concrete steps to ban it. In the words of trans Virginia Delegate Danica Roem, who hailed the ban in her state, “There are unfortunately too many places throughout America… where a judge could hear that sort of transphobic or homophobic argument and think, ‘Yeah, I would have a similar reaction.’” This law stands as a formidable step forward in dismantling such biases and ensuring equality within the justice system.
The prohibition of the LGBTQ+ panic defense holds immense significance in the context of its historical usage. Notably, it gained prominence through cases like the 1995 incident involving Scott Amedure, who revealed his attraction to his straight friend on national television, and the heart-wrenching murder of Matthew Shepard, where his killers attempted to justify their actions through the use of this defense. As legal landscapes evolve to eliminate such discriminatory tactics, New Hampshire’s stride serves as a beacon of hope and progress in the pursuit of justice for all.