Michigan Gov. Gretchen Whitmer signs bill banning “gay or trans panic” defense

The state of Michigan has outlawed the so-called “gay or trans panic” defense, becoming the 20th state in the U.S. to do so.

On Tuesday, Gov. Gretchen Whitmer (D) signed a slate of 39 bills into law, including H.B. 4718. The legislation, sponsored by bisexual state Rep. Laurie Pohutsky (D), states that in criminal trials, “evidence of the discovery of, knowledge about, or potential disclosure of an individual’s actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible” for the purposes of demonstrating “reasonable provocation,” showing that a criminal act “was committed in the heat of passion,” or “to support a defense of reduced mental capacity.”

Related:

Michigan House passes ban on gay & trans panic defenses

Such defenses often blame gay and trans people for their own murders.

“Notwithstanding the provisions of any other law of this state, an individual is not justified in using force against another individual based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation,” the law states.

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H.B. 4718 effectively nullifies what is known as the “gay or trans panic defense,” which has been used by defense attorneys to mitigate charges against clients accused of committing violent crimes against trans or gay people, in Michigan. Attorneys have invoked the defense in high-profile trials following the 1993 murder of trans man Brandon Teena, the 1995 murder of Jenny Jones guest Scott Amedure, the 1998 murder of Matthew Shepard, the 2008 murder of 14-year-old Larry King, and the 2016 slaying of 32-year-old Daniel Spencer. Spencer’s murderer, his 69-year-old neighbor James Miller, received only six months in jail and ten years probation for stabbing Spencer to death after he allegedly tried to kiss Miller.

Both the American Bar Association and the National LGBT Bar Association advocate for banning these defenses nationwide. Democrats introduced such a bill in Congress last year, but it’s unlikely to become law due to Republican opposition.

Michigan’s H.B. 4718 was passed on a party-line vote by the state’s Democratic-majority House last October. Late last month, the state’s Democratic-majority Senate approved the bill in a similar party-line vote, sending it to Whitmer’s desk.

A press release from Whitmer’s office Tuesday described the bill as significantly expanding legal safeguards for the state’s LGBTQ+ community by “protecting them from violent acts of discrimination, prejudice, and hate crimes,” adding that the bill “builds upon Governor Whitmer’s work to make Michigan a more equitable and safe state for the LGBTQ+ community.”

“I have been incredibly passionate about this bill for several years, and I am elated to see it signed into law,” Pohutsky said in a statement. “Protecting the future of LGBTQ+ people across Michigan is something I have been working hard to do.”

“This bill, alongside many other monumental pieces of legislation brought forth by Michigan Democrats,” she added, “is a huge step toward securing a safe and inclusive state for all Michiganders.”

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