Advances in Illinois

Illinois Gov. Bruce Rauner (R) waded through more than 100 bills in his in box on Friday. Included in the ones he signed were a bill to ban the gay panic defense in criminal proceedings and a bill making it easier for transgender people to have their birth certificate altered. Also milkweed is now the state flower, cycling the state exercise and dogs and cats the state pets.

Formerly, state law said transgender people could only change their birth certificates if a doctor said they had transition surgery. The new law would allow for a change if a medical or mental health provider confirms someone has received "clinically appropriate" treatment. A range of practices including hormone therapy would be covered, using a similar standard that applies to U.S. passports.

It's basic common sense that a person's gender should be recognized and respected, whether or not that person has had any particular kind of surgery. I'm extremely proud of our state for taking this important step to modernize a law that has been a significant barrier in transgender people's lives for many, many years.

--John Knight, ACLU of Illinois

Rauner also approved legislation banning what's known as the "gay panic" defense for defendants accused of murder. Effective January, defendants will no longer be allowed to argue they acted out of passion after learning a victim was gay. People accused of first-degree murder won't be able to use that claim as a mitigating factor to reduce their possible punishment. And sexual orientation can't be considered provocation for second-degree murder.

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Meteor Man's picture

I've gone pro per quite a few times when incarcerated for stupid, false and ludicrous homeless crimes that violate The Quality of Life of people driving past my encampment.

We all know that when a defendant pleades Not Guilty, the Public Defender hears Let's Make A Deal. I have a respectable win/loss record, but never heard of this defense:

Effective January, defendants will no longer be allowed to argue they acted out of passion after learning a victim was gay.

So as I understand it, the defense is "I found out the victim was gay, so I panicked and had to kill the victim." Amirite?

Wow! Sounds like the irresistible compulsion defense, My buddy put some crack in my pipe and I panicked and had to smoke it.

Very reasonable. If you smoke Conehead Quantities of crack or meth.

https://en.m.wikipedia.org/wiki/Coneheads#Strange_behaviors

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Centaurea's picture

@Meteor Man Here's a scenario this law is designed for: a gay guy makes a pass at a (supposedly) straight guy, who promptly freaks out. "I'm not gay! How dare this person assume I want to have sex with him! How can this be happening?! This is an outrageous offense to my manhood!" Takes out gun and shoots the gay guy. When he's arrested for murder, he says "I just panicked!"

The implicit societal belief for this defense is that it's normal for a man to become so shocked and horrified by the inference that he's not a 100% red-blooded heterosexual, that he instinctively kills another human being.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone

Meteor Man's picture

@Centaurea
I have as much difficulty with the legal concept as I do with the conduct of the heterosexual whacko. I guess this is much different than cultures that accept what is politely referred to as female circumcision, aka mutilation.

So FGM is barbaric, but "gay panic" is understandible, legally cognizable and defensible because . . . well of course it is. Pardon me for having a WTF? mental breakdown. I must be some kind of alien species, because I do not fucking understand homo sapiens.

Is calling someone a low down, dirty rotten homo sapien justification for homicide too?

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Centaurea's picture

@Meteor Man There are times I wonder how the human race has managed to make it this far.

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
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"If you want revolution, be it."
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Meteor Man's picture

@Centaurea

That God Hates Shrimp?

http://www.godhatesshrimp.com/

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Centaurea's picture

@Meteor Man God also hates mixed fabric clothing (Leviticus 19:19). I'd better not catch any of those Westboro Baptist folks wearing polyester-cotton blend dresses.

Here's another interesting prohibition (Leviticus 19:33-34): "The foreigner residing among you must be treated as your native-born”. I don't see any exclusions for people from Mexico or the Middle East. Uh oh.

There are a lot of rules about sex. Don't have sex with your mother. Don't have sex with your half-sister, your biological aunt, your daughter-in-law, your sister-in-law, your father's wife, or your uncle's wife. Don't have sex with your neighbor's wife. Don't have sex with your wife's sister while your wife is alive.

Those ancient Hebrews must have been a rowdy bunch.

The rule about not having sex with another man is included with all of the other rules, but it seems to be the only one the "godly" folks care about. Gee, I wonder why?

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"Don't go back to sleep ... Don't go back to sleep ... Don't go back to sleep."
~Rumi

"If you want revolution, be it."
~Caitlin Johnstone