Overview
The death penalty has been a tool for discrimination against LGBTQ+ people in America since before the country’s founding, when the British colonies punished queer sex with execution. The states removed these laws from the books by the late 1800s, but continued to punish queer sex with fines and prison time until 2003, when the Supreme Court ruled the practice unconstitutional.
In capital murder cases, bias and discrimination by jurors, prosecutors, defense attorneys, and judges has led to death sentences for queer defendants. Many have been executed and some remain on death row. Other defendants have used the “Gay or Trans Panic” defense to avoid the death penalty in cases with queer victims, a defense that is grounded in validating hatred or fear of gay people, though states have begun to ban its use.
Queer people also face heightened risks of victimization and sexual assault in prison, including on death row. Many states forbid trans prisoners from being housed based on their gender identity. However, the tide is turning as more states support prisoners’ gender identities and provide for medical transitions in prison. Some defense counsel have also begun to include gender dysphoria as an essential aspect of their client’s life story that is told in the mitigation process.
At Issue
Public acceptance of LGBTQ+ people and support for LGBTQ+ rights has increased exponentially in the past two decades. However, use of the death penalty in the United States continues to affect queer people in unique ways. In some countries, queer people face the death penalty based solely because of their identity.
Note on Terminology: We use the words “LGBTQ+” and “queer” as umbrella terms to refer to people who identify as lesbian, gay, bisexual, transgender, or another non-heterosexual sexual orientation or non-cisgender identity. We are mindful of the history of the word “queer” as a slur and recognize that not everyone feels comfortable with its use. We have decided to use “queer” based on its growing positive use among people with these identities and its frequent use in the scholarly sources we relied on in our research. We intend it as a neutral, respectful descriptor only.
News & Developments
News
Jun 28, 2024
New Resource: LGBTQ+ People and the Death Penalty
![](https://img.dpic-cdn.org/images/Mata-Allen-Collage.png?w=150&h=150&q=60&auto=format&fit=crop&dm=1719591074&s=6023b3b92153e58d08fd860084d84118)
In honor of Pride Month and commemorating the 55th anniversary of the Stonewall uprising, the Death Penalty Information Center is pleased to present a new resource about how use of the death penalty affects LGBTQ+ people. We take a comprehensive look at topics ranging from America’s history of punishing queer sex with execution, to discriminatory comments made against queer defendants in capital trials, to the challenges of gender transition on death…
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Jun 17, 2024
Research Roundup: Anti-Queer Practices in Capital Cases
This is the first in a new monthly series covering academic research and articles in the field of capital…
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Jun 01, 2023
Uganda’s Controversial “Anti-Homosexuality Act” Includes Possibility of Death Sentence
Ugandan President Yoweri Museveni’s (pictured) decision to sign the Anti-Homosexuality Act 2023 on May 29 has drawn widespread international criticism. The new law prescribes that people convicted of “aggravated homosexuality” may now be punished with a death sentence. Although same-sex relationships were already illegal in the country, the new law, which passed with the support of 341 out of 389 members of parliament, includes harsher punishments for “promoting” homosexuality and engaging…
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Jun 28, 2019
During National Pride Month, South Dakota Schedules Execution in Case Tainted by Anti-Gay Bias
In the midst of National Pride Month commemorating the 50th anniversary of the Stonewall Riots and the birth of the modern LGBTQ rights movement, South Dakota has issued a death warrant seeking to execute a gay man whose death sentence was tainted by anti-gay bias. Charles Rhines (pictured) was sentenced to death by a jury that, according to juror affidavits, was influenced by bigoted stereotypes in reaching its decision. On June 25, 2019, in response to a…
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Apr 12, 2011
BOOKS: “Queer (In)Justice: The Criminalization of LGBT People in the United States”
A new book, “Queer (In)Justice” by Joey Mogul, Andrea Ritchie, and Kay Whitlock, explores the experiences of lesbian, gay, bisexual, and transgender people in America’s criminal justice system, and particularly their interaction with the death penalty system. The authors assert that prosecutors have used defendants’ sexual orientation or gender-nonconforming appearance to obtain capital convictions: “In capital cases a prosecutor must successfully undertake what should be a…
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