Last Saturday, we honored Transgender Day of Remembrance, an important day for members of the LGBTQ+ community and our allies. We all stood to memorialize those in our community who have been murdered as a result of transphobia.
This day is to remember the beautiful and significant lives, those who were tragically taken from us too soon because of anti-transgender bigotry, hatred and violence. We also hold all of the trans folks who have lost their lives to suicide in our hearts as members of our community have higher suicide and self-harm rates than Americans at large.
It is crystal clear that our community faces a disproportionate amount of violence and discrimination and this must stop. We are particularly heartbroken because it is typically trans folk of color who face this violence the most. We need everyone, members of the LGBTQ+ community and allies alike, to take a vocal stand against this hate and cruelty.
This year alone, at least 43 trans people in the United States were killed, making 2021 the deadliest year yet for trans folks in America. Make no mistake, these people were murdered because of their gender identity and in many cases because of their race. We all know that anti-trans violence and hatred is not new and trans folks have made incredible strides over the past few years. However, the more visible we become, the more frequent the violence towards our community becomes as well. It is an understatement to say that there is still so much work left to be done.
In honor of Transgender Day of Remembrance, we must call out structural causes behind this senseless violence and join with our allies to ensure the safety of our community. One major structural, legislative barrier that trans folks and members of the larger New Hampshire LGBTQ+ community face is the LGBTQ+ panic defense.
The LGBTQ+ panic defense makes violence against the trans community something that is basically excusable by law. It is a legal defense that has been used in manslaughter cases using the alleged victim’s sexuality or gender identity as a defense for why they were provoked into action. Put simply, an assailant can harm or even kill a member of the LGBTQ+ community and cite their victim’s sexual orientation or gender identity as justification for their violence.
This is a gross injustice and LGBTQ+ folks nationwide have taken steps to make this legal defense a thing of the past in many states, but it is still legal here in New Hampshire. It is important to note that this discrimination impacts the most marginalized in our community the most, particularly lower-income folks, trans people of color and young people. In addition to being faced with daily discrimination, those most marginalized among us are subjected to senseless, deadly violence and it must be called out for what it is.
Here in New Hampshire this past March, we had the chance to make the LGBTQ+ panic defense illegal. But just two days after Rep. Dick Marston referred to the LGBTQ+ community as having “deviant sexualities,” the bill to ban the LGBTQ+ panic defense was tabled. Despite the discrimination our community faces on a daily basis, despite the fact that 2021 was the deadliest year on record for trans folks, our Republican-majority state legislature did not think that ending the LGBTQ+ panic defense was worth acting on. By tabling this bill, they gave the green light to violence against trans folks. We cannot let this stand.
This upcoming January, we have an opportunity to change this with HB 238, which would also outlaw the LGBTQ+ panic defense in New Hampshire. This legislation is written and sponsored by eight queer and trans legislators, who are all at risk for this bigoted legal loophole to be used as an excuse to harm them. Passing this legislation is vital. It is a matter of life and death.
Marsha P. Johnson, a trans activist and trailblazer once said, “history isn’t something you look back at and say it was inevitable, it happens because people make decisions that are sometimes very impulsive and of the moment, but those moments are cumulative realities.”
The death and violence faced by trans folks are not inevitable. There are decisions that those in power can make every day that will make the lives of trans folks, safe, easier and liveable. We must elect lawmakers who will protect our community, willing to stand up for trans folks, and lawmakers who are committed to banning state-sanctioned violence against trans folks by ending the LGBTQ+ panic defense.
A better future is possible and we are committed to partnering with our allies to protect the members of our community. While in 2021 violence soared against trans folks, we are going to make sure that 2022 is different.
(Rep. Gerri Cannon is a member of the Somersworth School Board. This My Turn is also signed by Rep. Lisa Bunker, NH Stonewall Democrats Board Chair Ryan Richman, Vice Chair Rep. Joshua Query, Treasurer Select Member Molly Cowan, Secretary City Councilor Crystal Paradis, At-Large Member City Councilor Matt Gerding, At-Large Member Jordan Applewhite, At-Large Member City Councilor-Elect Robbie Hinkle.)