The Gay Panic Defense Is Still on the Table In 30 states and five U.S. territories, a defendant retains the legal right to argue in court that his victim's sexual orientation provoked him into violence. The strategy is called the gay panic defense, and attorneys across most of the country are free to deploy it. Aaron McKinney raised it in 1998, after he and Russell Henderson beat a 21-year-old University of Wyoming student named Matthew Shepard into a coma, tied him to a fenc