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- ABA House of Delegates resolutions are policy statements within the ABA
- The ABA addressed gay and trans panic defense strategies in 2013
- These strategies were described as arguments used inside other defenses
- Resolution 113A urged legislative action at multiple levels of government
- The ABA also supported a uniform state approach to human trafficking law
- The Resolution 102 report connected the topic to federal definitions
- The Uniform Act was presented as a framework states may choose to adopt
- Federal and state roles can look different in these topics
- Confusion points that often come up when people read these policy documents
- How ABA policies are proposed and reviewed inside the association
- Sources
Key Facts
- Federal and state: The American Bar Association House of Delegates adopts resolutions that become ABA policy positions when approved by the House.
- Federal and state: In ABA House of Delegates Resolution 113A (Aug. 2013), the ABA addressed “gay panic” and “trans panic” defense strategies in criminal cases.
- Federal and state: Resolution 113A urged federal, tribal, state, local, and territorial governments to take legislative action to curtail the availability and effectiveness of those strategies.
- Federal and state: Resolution 113A described these strategies as seeking to excuse or partially excuse crimes by blaming the victim’s sexual orientation or gender identity for a violent reaction.
- Federal and state: Resolution 113A discussed the use of such arguments within traditional defenses such as provocation, self-defense, insanity, or diminished capacity.
- Federal and state: In ABA House of Delegates Resolution 102 (Aug. 2013), the ABA approved the Uniform Prevention of and Remedies for Human Trafficking Act as an act states may adopt.
- Federal: The Resolution 102 report stated that the federal Trafficking Victims Protection Act of 2000 identifies two primary forms of human trafficking, described as sex trafficking and labor trafficking.
- State level: The Resolution 102 report described wide variation among state human trafficking laws and framed the Uniform Act as a way to promote more consistent state approaches.
- Federal and state: ABA resolutions often include accompanying reports that summarize the purpose, background, and the policy approach being approved.
ABA House of Delegates resolutions are policy statements within the ABA
Some legal news items focus on what courts decided, while others focus on what legal organizations adopted as policy. The ABA House of Delegates acts as the ABA’s policymaking body, and it can adopt resolutions that express the ABA’s positions on legal issues.
When a resolution is adopted, it may be used as a reference point in public discussions, including discussions about legislation and court practices. The resolution itself can also be a source for understanding the ABA’s stated goals and concerns on a topic.
The ABA addressed gay and trans panic defense strategies in 2013
One 2013 ABA policy action focused on what are commonly called “gay panic” and “trans panic” defense strategies. In Resolution 113A, the ABA described these strategies as seeking 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.
These strategies were described as arguments used inside other defenses
Rather than describing “gay panic” as a single, stand-alone defense, the Resolution 113A report described these arguments as appearing within traditional defenses and doctrines. In that report, examples included provocation, self-defense, insanity, and diminished capacity.
Resolution 113A urged legislative action at multiple levels of government
Resolution 113A urged federal, tribal, state, local, and territorial governments to take legislative action to curtail the availability and effectiveness of these defense strategies. The resolution text also described examples of legislative approaches, including jury-instruction concepts and rules about what can count as legally adequate provocation.
The ABA also supported a uniform state approach to human trafficking law
Another 2013 ABA policy action addressed human trafficking by approving a model act for state adoption. Through Resolution 102, the ABA approved the Uniform Prevention of and Remedies for Human Trafficking Act, a uniform law project connected to the National Conference of Commissioners on Uniform State Laws.
The Resolution 102 report connected the topic to federal definitions
In the report accompanying Resolution 102, human trafficking was described as “modern-day slavery,” and it referenced the federal Trafficking Victims Protection Act of 2000 as identifying two primary forms of trafficking. The report discussed these as sex trafficking and labor trafficking, and it also described how a uniform state act can be used to promote more consistent state law approaches.
The Uniform Act was presented as a framework states may choose to adopt
The Resolution 102 report emphasized that state laws in this area vary in both substance and scope. It described the Uniform Act as addressing criminal provisions, victim services and remedies, and a coordinating body, while also describing definitions, penalties, and other structural features set out in the Uniform Act.
Federal and state roles can look different in these topics
Policy discussions about human trafficking often include both federal and state concepts, especially when a resolution references a federal statute for definitions while also approving a uniform act intended for states. By contrast, the “gay panic” and “trans panic” discussion in Resolution 113A was framed around how criminal-case arguments may operate and how legislation could address the availability and effectiveness of those arguments across jurisdictions.
Confusion points that often come up when people read these policy documents
People sometimes assume a phrase like “gay panic defense” refers to a single, clearly defined legal rule. In the Resolution 113A report, the ABA instead described a set of arguments that may be used within other legal doctrines, which can matter when comparing how different jurisdictions address the issue.
Another common mix-up involves thinking that a uniform law is automatically in force nationwide. A uniform act is written for states to consider, and the Resolution 102 report emphasized that state laws in this area vary, which is one reason uniform acts are proposed.
How ABA policies are proposed and reviewed inside the association
Inside the ABA, proposals can move through an adoption and review structure that depends on the subject area and the ABA body involved. For example, the ABA describes its House of Delegates as a hub for resolutions, reports, and policy materials, and it maintains resources that organize adopted policies and House actions.
In some ABA contexts, written materials also describe formal review dynamics in which a proposal can be reviewed and referred back for further consideration before becoming final. This kind of internal “referral back” process is separate from how government laws are enacted, but it can help explain why many ABA policy materials include both a resolution and a detailed report.
