Michigan has taken a step forward in protecting LGBTQ+ rights by outlawing the controversial “gay and trans panic” defense in criminal trials. Governor Gretchen Whitmer signed House Bill 4718 into law on Tuesday, making Michigan the 20th state to prohibit this type of legal argument.
The new law prevents criminal defense attorneys from using a victim’s sexual orientation or gender identity as a defense strategy. Specifically, it states that an individual’s “actual or perceived sex, gender identity, gender expression, or sexual orientation” cannot be used to demonstrate “reasonable provocation,” show that an act was committed “in a heat of passion,” or support a claim of reduced mental capacity.
Governor Whitmer’s office emphasized that this legislation “significantly expands” protections for the LGBTQ community by shielding them from “violent acts of discrimination, prejudice, and hate crimes.”
State Representative Laurie Pohutsky, who is bisexual, introduced the bill. She had explained the importance of the legislation last year, saying,
“With anti-LGBTQ violence on the rise, particularly against our trans family, it’s more important than ever that we no longer allow prejudice to discount LGBTQ violence.”
Emme Zanotti, director of advocacy and civic engagement at Equality Michigan, praised the new law:
“Representative Pohutsky’s bill, like many that have passed in Michigan the last year and a half, is about righting the wrongs of our past and building a more united and inclusive future for our state.”
The “gay panic” defense has been used in several high-profile cases in the past, sometimes with troubling results. For example, in 2018, a Texas man received a light sentence after fatally stabbing his neighbor who had allegedly tried to kiss him, sparking outrage among gay advocates.
This new law is part of Governor Whitmer’s broader efforts to make Michigan safer for the LGBTQ+ community. Since taking office in 2018, she has banned conversion therapy for minors, expanded state civil rights laws to protect queer people, and appointed members to Michigan’s first LGBTQ+ Commission.
As more states consider similar legislation, advocates hope this will lead to fairer treatment of LGBTQ+ individuals in the criminal justice system and help prevent violence against the community.
