Jonathon Booth, University of Colorado Law School, has posted A New Satanic Panic, which is forthcoming in the Yale Journal of Law and Feminism:
A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse, and labeled adults who teach about gender and sexuality “groomers.” This rhetorical shift, combined with an explosion of anti-transgender legislation, may presage a revival of the 1980s Satanic Panic, when fears of brutal crimes allegedly committed by Satanic cults swept the nation. These accusations spurred the longest trial in American history, commanded tabloid news, and led dozens of people to be convicted of lurid crimes, nearly all of whom were later exonerated. Today we are at risk of a similar panic reoccurring, in which baseless criminal prosecutions may be brought against LGBTQ people and their allies, especially in conservative Christian areas.
This Article provides the first historical account of the original Satanic Panic in the legal literature, narrating two major criminal cases and examining the underlying causes of the Panic, including backlash to the feminist and gay liberation movements. It then analyzes the widespread discourse on the political right that connects “gender ideology” to Satanism and child abuse, and the broad adoption of legislation restricting and criminalizing access to gender affirming healthcare. Finally, it evaluates the likelihood of a reoccurrence of the Satanic Panic, weighing the growing animus against LGBTQ people against more encouraging changes, such as improved interrogation practices. It concludes that there is a significant risk that the current moral panic around transgender people could result in a new Satanic Panic. Finally, it proposes actions that lawyers and advocates could take to reduce the likelihood of unjust prosecutions.
--Dan Ernst
