A new bill signed into law by Michigan Governor Gretchen Whitmer has outlawed what some call the “gay and trans panic defense” which allowed the use of the victim’s sexual orientation and gender identity by the accused as a legal defense in a criminal trial.
This defense has been used effectively in high-profile cases in America’s history to reduce or eliminate the sentences the defendant would have received in murder cases where the victim was alleged to be gay or has threatened a gay act.
House Bill 4718
Governor Whitmer signed House Bill 4718 into law on Tuesday which eliminates “actual or perceived sex, gender identity, gender expression, or sexual orientation” to be used to “demonstrate reasonable provocation,” “show that an act was committed in a heat of passion” or “support a defense of reduced mental capacity.”
The bill had previously passed through the Michigan House of Representatives with a vote of 56-54 and in the Senate with 24-14.
One Step Closer
GLADD, an organization that advocates for LGBT acceptance, was thrilled when the bill passed the Senate, declaring it one step closer to becoming law.
“Michigan is one step closer to banning LGBTQ panic as a form of legal defense! House Bill 4718 passed the state senate 24-14 yesterday, and is headed to the house. Thank you to our friends @ActionEqmi for their advocacy efforts on this and other pro-LGBTQ legislation,” said a GLAAD X post.
Governor’s Statement
In the wake of the bill’s passage, the governor’s office released a statement describing the new law as an expansion of LGBTQ+ rights and safeguards.
“This bill significantly expands legal safeguards for the LGBTQ+ community by protecting them from violent acts of discrimination, prejudice, and hate crimes. This builds upon Governor Whitmer’s work to make Michigan a more equitable and safe state for the LGBTQ+ community,” said the Governor’s statement.
Celebrating the Passage
Democrat State Representative Laurie Pouhutsky, who has championed the bill, celebrated the culmination of years of effort.
“I have been incredibly passionate about this bill for several years, and I am elated to see it signed into law. Protecting the future of LGBTQ+ people across Michigan is something I have been working hard to do,” said Pohutsky. “This bill, alongside many other monumental pieces of legislation brought forth by Michigan Democrats, is a huge step toward securing a safe and inclusive state for all Michiganders.”
Equality Michigan Statement
Director of Advocacy and Civic Engagement at LGBT advocacy group Equality Michigan, Emme Zanotti, gave a statement to NBC News on Wednesday praising the bill for protecting vulnerable Michiganders.
“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,” Zanotti wrote. “Prohibiting the use of the LGBTQ panic defense means there are no more free passes for violent crimes against our community members.”
Thanking Supporters
On the social media platform X, Pohutsky took time to thank the Equality Michigan Action Network and Human Rights Campaign for their support.
“This also wouldn’t have been possible without the tireless advocacy of @ActionEqmi and @HRC over the last several years. It’s been an honor to be doing this work alongside them,” Pohutsky’s X post said.
Top 10 States
In an X post in September, Pohutsky emphasized the importance of passing the bill given how frequently the defense is used in Michigan.
“MI is within the top ten states where the panic defense is most frequently used. 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,” wrote Pohutsky.
Joining a Growing Movement
With this bill’s passage, Michigan has become the 20th US state to outlaw this defense in criminal trials.
According to MAP, the movement advancement project, 54% of America’s LGBTQ population live in states that allow the victim’s sexual orientation as a legal defense for defendants in criminal trials.
Successful Uses
The panic defense has been successfully used in high-profile cases in the past across the United States.
In 2018, a Texas man received a lighter sentence after he fatally stabbed his neighbor, alleging that the neighbor had tried to kiss him.
Murder Acquittal
In 2009, a man who was accused of killing another man used this defense which eventually led to his acquittal.
Despite admitting that he had stabbed the man 60 times, the defendant asserted that the man threatened to rape him, which helped secure his acquittal.
Highest Profile Case
According to NBC News, the highest profile example of the defense being used was the killing of Matthew Shepard, a gay student in Wyoming during the 1990s.
However, in this case, the defense was unsuccessful and the men found responsible for Shephard’s death were sentenced to life in prison.
