AB 2501, authored by Assemblymember Susan Bonilla, would eliminate the so-called “gay panic” and “trans panic” defenses, outrageous tactics used by defendants who claim their violent acts were triggered by the victim’s sexual orientation or gender identity. Specifically, the bill states that for purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted from the delivery or, knowledge about, or potential disclosure of the victim’s or defendants’ actual or perceived “gender, gender identity, gender expression, or sexual orientation,” including circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant.
The bill is disturbing in that it allows transwomen to make “nonforcible romantic or sexual advances” towards women. Nonforcible is not defined.
“Gender” includes a person’s gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person’s gender as determined at birth.