A 30-day budget amendment introduced by Gov. Andrew Cuomo will be advanced to prohibit the so-called gay and trans panic defenses from being used in New York state to blame LGBTQ people for the violence committed against them.

The current gay and trans panic defenses allow those responsible for violent crimes against LGBTQ people to receive a lesser sentence, and in some cases, even avoid being convicted, by placing the blame on a victim’s actual or perceived sexual orientation or gender identity.

“As the federal government attempts to roll back progress we have made, this administration will continue to stand up for the LGBTQ community and ensure the civil rights of all New Yorkers remain protected,” Cuomo said. “With this action, New York will uphold our continued commitment to deliver equal rights, forbid discrimination of any kind, and remain true to the principles this state and nation were founded upon – fairness and justice for all.”

Cuomo said the amendment will close a loophole in state law that allows individuals to use the gay and trans panic defenses after attacking another based upon a perception, or discovery of, that victim’s gender, gender identity, or sexual orientation.

The American Bar Association unanimously approved a resolution in 2013 calling for state legislatures to eliminate the gay and trans panic defenses through legislation. The 30-day budget amendment will ban the gay and trans panic defenses, making New York the third state in the nation to affirm the rule once the legislation is passed.