Daily Archives: April 15, 2021

It Shouldn’t Have Been This Hard

At the end of it all, the final vote was a formality.

On Thursday morning, the Senate Judiciary Committee held a very brief session on H.128, the bill that would ban the so-called “gay panic” defense in criminal trials. You know, the bill that passed the House 144 to one?

After many hearings full of farfetched hypotheticals and occasional racist-adjacent argumentation, the committee voted unanimously to send the bill to the Senate floor.

So, a victory that shouldn’t have been so difficult to achieve. But in Senate committees with five members, one or two can really gum up the works.

The Thursday hearing was brief. There were two votes. The first was on an amendment to H.128 that would bar the defense at all phases of a criminal proceeding. The unamended version applied the ban only to the trial phase, still allowing for use of the defense at sentencing.

The amendment passed on a 3-2 vote, Sens. Joe Benning and Jeanette White voting “no.” Then the committee held a vote on the bill as amended, and that vote was unanimous.

The bill will almost certainly clear the full Senate with no trouble. But the committee dragged this out in a way that was hurtful to many. (Likely including Senate President Pro Tem Becca Balint, a member of the affected community.)

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