[GA - PASSED] Gay Panic Defense Ban

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Hulldom

Hulldom

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Gay Panic Defense Ban
Category: Civil Rights | Strength: Mild
Proposed by: Crowheim | Onsite Topic​

Commending previous efforts passed in these hallowed halls which advanced the civil rights of those who do not identify as heterosexual or cisgender,

Recognizing that there is still much work to be done in the securing of equality and justice for members of the LGBTQ+ community, as the previously passed resolutions could only cover so much ground,

Noting one of the most egregious offenses against these rights which is still in existence: the Gay Panic Defense, often used by aggressors of assault and murder to justify their actions due to their perception of one's sex, sexual orientation, or gender identity, an argument which would have the finder of fact in the relevant courtroom believe that one's sex, sexual orientation or gender identity makes it acceptable to commit a violent crime against them,

Realizing that this justification rarely if ever is actually accurate to the circumstances of an assault or murder, and that when it is, the argument is rooted in bigotry, homophobia and transphobia which should not be logic accepted or utilized by a jury or judge in any court of law,

This legislature enacts the following:

The perception, whether true or not, of a person's sex, sexual orientation, or gender identity may not be used as a defence to a criminal offence, excuse or justification of criminal conduct, or evidence for mitigating a criminal offence's severity in sentencing.

The use of force against another individual is not justified by the mere discovery, knowledge, or disclosure of that individual's sex, sexual orientation, or gender identity.

Co-authored with Imperium Anglorum.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
[TR][TD]For[/TD][TD] Against [/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]19[/TD][TD]1[/TD][TD]0[/TD][TD]0[/TD][/TR]


Gay Panic Defense Ban has passed 13,832 (86.5%) to 2,155 (13.5%).
 
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IFV
Overview
The resolution at-vote seeks to outlaw a legal defense strategy known as the "Gay Panic Defense", which is often employed to evade or mitigate prosecution for the use of force against non-straight and non-cisgender people based solely on their sex, sexual orientation, or gender identity.

Recommendation
The Ministry believes that such a defense being employed, successfully, or not, represents a significant stain upon justice systems across the world. Not only does this flawed defense serve as an excuse to violate the civil liberties and freedoms of non-straight and non-cisgender people, it also degrades the concept of legitimate self-defense in the eyes of the public. As such, it is crucial that this egregious legal defense strategy is outlawed across all WA member states.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote FOR the resolution.
 
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Once again, I don't like that everything is being framed these days in terms of post modern ideologies, and eventually I will have to start opposing that language because too many of those resolutions on the books will start to create too much of a tradition or norm of using that rationale, but once again the protection of people in criminal cases based on their sexual inclinations is both just and important. Orientation is not identity in its fullest sense, but it is an unchangeable aspect of the person and therefore cannot be used as evidence since that aspect does not inherently cause criminal action.

Therefore: For
 
Unrelated note here, but if you have questions, let me know via DM (on Discord) or PM on here. You could obviously TG the author, but I know them and can get you in touch.
 
As of 10:59 AM EST, this proposal has earned enough approvals to enter the formal queue. This proposal will take the floor approximately 8 days from now at Friday, March 5's Minor Update.
 
For.

Be it not the duty of the comrade to determine the life and love of another comrade. What comrades participate in within their dwellings isn't the matter of The State or The Public.
My glorious republic has more important matters to attend to than policing relationships or the violent actions of those who disagree with a type of relationship.
 
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