The Michigan Senate passed a bill on Thursday that would ban the “gay panic” and “trans panic” defenses from being used in court.
This law: House Bill 4718It bans the legal defense of partially or completely exonerating someone for a crime such as murder or assault because of the victim’s sexual orientation or gender. The Michigan Advance first reported the story.
The bill passed 24-14, with four Republican senators voting with all Democrats in favor. The House introduced the bill in the Senate last October.
According to the outlet, state Rep. Laurie Pohutsky (D), who introduced the bill in the House last year, said at a committee hearing that the defense is being used as a way to argue that crimes against the LGBTQ community “are discounted because we are inherently less human and therefore less worthy.”
The law states that “evidence of the discovery, knowledge, or potential disclosure of an individual’s actual or perceived sex, gender identity, gender expression, or sexual orientation” is inadmissible to demonstrate “reasonable provocation” or prove that an act was committed in the “heat of passion.”
More than a decade ago, the American Bar Association Said Federal and local governments would be barred from using a legal defense to excuse a crime on the basis that an individual’s sexual orientation or gender identity “caused the defendant to react violently.”
The Gay and Lesbian Alliance Against Defamation (GLADD) posted on social media platform X celebrating the Senate vote.
“Michigan is one step closer to banning LGBTQ panic as a legal defense! House Bill 4718 passed the state Senate at 12:04am yesterday and will head to the House.” Posted by GLADD. “Thank you to my friend @ActionEqmi for his work advancing this and other pro-LGBTQ legislation.”
The bill now heads to the state Legislature for final approval before it goes to the desk of Michigan Governor Gretchen Whitmer (D), who is expected to sign it.
