In early September, the national LGBT community was stunned when a California jury could not reach a unanimous decision in the trial of Brandon McInerney, who shot a gay middle school classmate in a computer lab.
There is no doubt that he shot 15-year-old Larry King, who was constantly bullied for being gay. McInerney said he was going to do it. He admitted to authorities that he brought the gun to school. There were plenty of witnesses.
And it was no secret that McInerney didn’t like gay people, especially King. He made that abundantly clear by bulling King at school, time and again.
The defense argued that the shooting was the result of gay panic the fearful and violent projection of a 14-year-old with a history of abuse. They claimed that on the day of the murder McInerney was beaten by his father and then snapped when King flaunted his homosexuality in front of him. It was enough to result in a mistrial. A simple case of murder was turned upside down by speculation about the perpetrator’s confused motives.
With the gay panic defense, attorneys argue that their clients were made temporarily insane because of a person’s perceived or actual sexual orientation. Expert witnesses often psychiatrists testify that the defendant may have been subjected to unwanted sexual advances so offensive and frightening that it created a dissociative state characterized by unusual violence.
The tactic doesn’t always work. It was unsuccessful in the Jenny Jones Show murder of Scott Amedure, and in the defense of the killers of Matthew Shepard. But in an alarming number of cases like McInerney’s it is.
As indefensible as the gay panic defense may be, there is a cautionary lesson for the LGBT community. When we perceive a slight, whether in business or politics, we are often quick to blame it on homophobia. It’s the only defense we can fathom in the heat of the moment.
Watermark staffers regularly receive accusations directed toward elected officials, store owners or other businesses that are considered by at least one person to be anti-gay or anti-transgender. Sometimes those businesses are even gay-owned. When that accusation is shared in a status update or sent in a group e-mail, it spreads faster than watered-down pancake syrup, and it’s just as difficult to clean.
The accusation of homo or trans phobia may be accurate, but it is often made without investigation or even a conversation with the perceived offending party. Instead, we panic when something doesn’t go our way. We play the gay card.
When a politician misses an LGBT gathering, we conclude that their support is tepid or non-existent when they may simply have a scheduling conflict. When a business declines to sponsor an LGBT event, we assume indifference when they may have legitimate budget constraints. If a flyer for an LGBT group or event is removed from a retail establishment, we conjecture that the owner doesn’t want us as customers when it may just be that the windows needed to be cleaned.
History has placed each of us squarely inside the LGBT rights movement. And contrary to what those who oppose us argue, it has always been about equality, not special treatment. Should we know who supports us and who doesn’t? Of course. Should we be wary of those who pay us lip service, or seek to exploit our buying power without respecting our right to equal treatment? Absolutely.
But we should never threaten a claim of discrimination based on sexuality or gender identity to get our way. It’s embarrassing and unnecessary.
McInerney’s murder trial drew worldwide attention because of its shocking premise: that he killed King in a fit of homophobic rage because he was threatened by the young gay man’s dress and demeanor. Bullying, beating or murdering someone because you are threatened by their sexuality is no excuse, nor should it be a successful defense.
Similarly, we should not assume that our sexuality is the only reason people may act in ways we dislike or disapprove of. Human beings have a wide range of motivations. Sometimes they’re about sexuality, but sometimes they’re just about storefront signage.
Assuming prejudice based solely on our sexuality is reckless, and it is counterproductive to the advances we hope to make as a community.Gay panic by any definition is an inappropriate defense.
