Isabel Yip
nbcnews.com
Originally posted 24 July 24
Michigan has outlawed the so-called gay and trans panic defense, which allows criminal defense attorneys to use a victim’s sexual orientation or gender identity as a defense argument.
Michigan Gov. Gretchen Whitmer, a Democrat, signed House Bill 4718 into law Tuesday. The legislation states that an individual’s “actual or perceived sex, gender identity, gender expression, or sexual orientation” is not admissible in a criminal trial to “demonstrate reasonable provocation,” “show that an act was committed in a heat of passion” or “support a defense of reduced mental capacity.”
In a statement shared on Tuesday, the governor’s office said the bill “significantly expands” protections for the LGBTQ community “by protecting them from violent acts of discrimination, prejudice, and hate crimes.”
Michigan is now the 20th state to prohibit this type of defense, according to Movement Advancement Project, an LGBTQ think tank. Last year, Rep. Chris Pappas, D-N.H., and Sen. Edward Markey, D-Mass., reintroduced the LGBTQ+ Panic Defense Prohibition Act, which would ban such defenses in federal court.
The highest-profile example of the “gay panic defense” was perhaps the attempt to use it in the murder trial of Aaron McKinney, one of the two men accused of fatally beating 21-year-old gay student Matthew Shepard in Wyoming in 1998. The defense was unsuccessful, and both men were sentenced to life in prison.
Here are some thoughts:
Michigan has become the 20th state to ban the "gay and trans panic defense," a legal tactic that allows defendants to use a victim's sexual orientation or gender identity as a defense argument. Governor Gretchen Whitmer signed House Bill 4718 into law on Tuesday, expanding protections for the LGBTQ community.
The legislation prohibits using a victim's "actual or perceived sex, gender identity, gender expression, or sexual orientation" to claim "reasonable provocation," "heat of passion," or "reduced mental capacity" in criminal trials. This law aims to prevent discriminatory defenses and protect LGBTQ individuals from violent acts of discrimination, prejudice, and hate crimes.
LGBTQ advocates have praised the move, citing the need to prevent prejudice from influencing court decisions. Representative Laurie Pohutsky, who introduced the bill, noted that Michigan was among the top 10 states where the panic defense was frequently used. Emme Zanotti, director of advocacy and civic engagement at Equality Michigan, emphasized that LGBTQ community members deserve equal protections and that the ban means "no more free passes for violent crimes" against them.
The "gay panic defense" has been used in high-profile cases, including the murder trial of Matthew Shepard's killers, where it was unsuccessful. However, in some cases, like those of James Miller and Joseph Biedermann, the defense has led to lighter sentences or acquittals, sparking outrage among LGBTQ advocates.
