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- Resolution 113A is a policy statement about certain criminal defenses
- The resolution defines the issue in terms of bias and blame
- The resolution lists two example areas for legislative change
- The federal and state references reflect how the resolution is addressed
- The resolution is not a statute or a court decision
- Sources
Key Facts
- Federal and state: ABA House of Delegates resolutions are described by the ABA as policy positions of the Association.
- Federal and state: House of Delegates Resolution 113A uses the terms “gay panic” and “trans panic” defenses to describe claims that seek to partially or completely excuse violent crimes by blaming the victim’s sexual orientation or gender identity.
- Federal and state: Resolution 113A urges federal, tribal, state, local, and territorial governments to take legislative action to curtail the availability and effectiveness of those defenses.
- Federal and state: One type of action listed in Resolution 113A involves jury instructions stating that bias, sympathy, prejudice, or public opinion should not influence decisions about victims, witnesses, or defendants based on sexual orientation or gender identity.
- Federal and state: Resolution 113A also lists legislation addressing “provocation” arguments by stating that a non-violent sexual advance or the discovery of a person’s sex or gender identity does not constitute legally adequate provocation to reduce murder to manslaughter.
- Federal and state: Resolution 113A extends the same “provocation” concept to non-capital crimes by stating that those circumstances should not mitigate the severity of such offenses.
Resolution 113A is a policy statement about certain criminal defenses
Some American Bar Association policy statements are issued through House of Delegates resolutions, which the ABA describes as ABA policy. One such policy statement is House of Delegates Resolution 113A, which addresses the “gay panic” and “trans panic” defenses as terms used in the resolution itself.
The resolution defines the issue in terms of bias and blame
In the text of Resolution 113A, the “gay panic” and “trans panic” defenses are described as arguments that seek to partially or completely excuse crimes such as murder and assault by claiming that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.
The resolution lists two example areas for legislative change
Resolution 113A is framed as a request for legislative action at multiple levels of government, and it lists examples of what that action could include.
The federal and state references reflect how the resolution is addressed
Resolution 113A speaks broadly to “federal, tribal, state, local and territorial governments,” which signals that the ABA’s policy statement is directed to more than one type of lawmaking body and more than one jurisdictional level.
The resolution is not a statute or a court decision
ABA House of Delegates resolutions are described by the ABA as policy, which is different from enacted legislation or binding court rulings. In plain terms, Resolution 113A is best read as the ABA stating a position about how criminal laws and courtroom procedures could address bias tied to sexual orientation and gender identity, using the examples listed in the resolution text.
