Michigan is poised to make legal history as a bill banning the "gay panic" and "trans panic" defenses awaits Governor Gretchen Whitmer's signature. FOX 2 Detroit reports that the legislation, HB 4718, cleared the Michigan House this week with a close 56 to 54 vote. It aims to prevent the use of a victim's sexuality or gender expression as justification for violent crimes.
Introduced by State Representative Laurie Pohutsky, an advocate and speaker pro tempore of the Michigan House of Representatives, the bill addresses a defense historically used to downplay the severity of crimes against LGBTQ+ individuals, claiming that an unwanted advance warranted a violent response and in a statement obtained by FOX 2 Detroit, she emphasized "The defense only serves to dehumanize our community and indicate that violence against us is less impactful, and it's time to eliminate it."
The Senate-approved bill also garnered some bipartisan support, which showed a shift from previous votes and a growing acknowledgment of the issue at hand. Four Republican senators, including Sens. Mark Huizenga and Dan Lauwers, joined Democrats in a 24-14 vote as covered by Michigan Advance. Pohutsky, who had earlier testified on the topic, argued that the defense played on prejudices to mitigate criminal sentences, stating that "At its core, the defense asserts that crimes against the LGBTQ community carry less weight because we are inherently less human and therefore less valuable."
Recalling the tragic case of Matthew Shepard, Pohutsky shared with Michigan Public that her incentive for the bill was deeply personal, explaining, "I wanted to introduce this bill because I was a young queer person when Matt Shepard was murdered, and it was the first time, although I was not out yet, that I realized, 'Oh, this could be very dangerous for me,'" This measure, once enacted, will place Michigan alongside 19 other states that have already banned LGBTQ+ panic defenses, marking a significant step towards equitable justice for all individuals, irrespective of their gender identity or sexual orientation.
Several organizations including the Human Rights Campaign and Equality Michigan Action Network have backed the legislation, indicating a collective push towards protecting the rights of the LGBTQ+ community within the legal system. Once Governor Whitmer inks her approval, Michigan will firmly join the frontlines in affirming that violence cannot be excused by prejudice.
