Michigan Bans Gay and Trans “Panic” Legal Defenses
The law signed by Gov. Gretchen Whitmer aims to prevent criminals from using a victim's LBGTQ identity to justify violent actions.
Michigan Governor Gretchen Whitmer signed a bill into law outlawing the use of gay or transgender “panic” as a legal defense.
The state becomes the 20th to outlaw such defenses, in which individuals accused of violent crimes argue that learning of a victim’s sexual orientation or gender identity — and the fear and “panic” caused by such a revelation — led them to react irrationally and violently.
Such arguments are not standalone defenses but are used in conjunction with other legal strategies to argue for reduced charges or more lenient sentencing.
Whitmer signed the bill, which was one of 40 measures passed by the Democratic-led legislature, including an education funding bill, consumer protection measures, and infrastructure spending, on July 23, reports The Hill.
The measure to ban “panic” defenses passed narrowly by a 56-54 vote.
It passed the Senate by a much larger margin of 24-14, with two Republicans joining Democrats in support.
“No one should fear violence because of their sexuality or gender identity,” Whitmer said, explaining why she signed the bill into law.
She also defended her record in office to the LGBTQ publication The Advocate.
“Since I took office, we expanded the Elliott-Larsen Civil Rights Act to cover the LGBTQ+ community, established the Michigan LGBTQ+ Advisory Council, and banned conversion therapy for minors,” Whitmer said. “Our work is not done as we continue to make progress and move Michigan forward. I look forward to reviewing the legislation and continuing to work alongside the LGBTQ+ community to ensure justice.”
State Rep. Laurie Pohutsky (D-Livonia), the bill’s sponsor, told the Michigan Advance that, even though she was not out as bisexual at the time, she was deeply impacted as a child by violent attacks on members of the LGBTQ community.
“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,” Pohutsky said in a statement. “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.”
While it’s been hard to track where “panic” defenses have been used in American courtrooms, the LGBTQ+ Bar Association has said that it was used as recently as 2018 to mitigate murder charges against a defendant.
It was also used — or defendants attempted to introduce it in court — to argue for more lenient sentences in the murders of LGBTQ people, including Matthew Shepard, Brandon Teena, Marco McMillan, Gwen Araujo, Angie Zapata, and Islan Nettles.
The LGBTQ+ Bar Association has publicly opposed such defenses, which they say are a form of victim-blaming, even urging state and tribal governments, in a 2013 resolution, to take legislative action to limit their use.
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