On Tuesday, Michigan became the 20th state to outlaw the use of gay or trans "panic" defenses in court. Governor Gretchen Whitmer signed House Bill 4718 into law, which prohibits defendants from using a victim's actual or perceived sexual orientation or gender identity as part of their defense strategy.
The new legislation, which will come into effect in October, aims to prevent the exploitation of LGBTQ identities in legal arguments that may seek to justify or lessen culpability for violent crimes. Supporters argue that such defenses perpetuate harmful stereotypes and devalue the lives of LGBTQ individuals.
The bill's passage followed a largely partisan vote in the state House, though it saw bipartisan support in the state Senate, where four Republican senators joined Democrats in approving the measure. State Rep. Laurie Pohutsky, who sponsored the bill, hailed it as a significant advancement toward ensuring safety and inclusivity for all residents of Michigan.
The move aligns Michigan with a growing number of states that have enacted similar bans. According to a 2021 report by the Williams Institute at UCLA, while no state officially recognizes gay and trans panic defenses as standalone legal arguments, they have been used to support claims of provocation, diminished capacity, insanity, or self-defense.
Research by W. Carsten Andresen, an assistant professor of criminal justice at St. Edward's University, revealed that such defenses have been employed in over 700 murder cases since 1970, including 18 cases in Michigan alone. His analysis indicated that these defenses can reduce murder charges in about one-third of the instances where they are used.
The American Bar Association has long advocated for legislative action to curb the use of these defenses, urging both local and federal governments to address the issue. California was the first state to ban the practice in 2014, setting a precedent that has since influenced other states. Despite this progress, attempts to enact a federal ban have faced obstacles.
With Michigan's new law, the state joins a growing list of jurisdictions committed to protecting LGBTQ individuals from discriminatory legal practices and reinforcing the principle that their lives hold equal value in the justice system.
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