- cross-posted to:
- upliftingnews
- cross-posted to:
- upliftingnews
The law prohibits using a victim’s sexuality or gender identity as justification for criminal action.
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.”
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I found the wiki article helpful. Perhaps you will as well.
https://en.m.wikipedia.org/wiki/Gay_panic_defense
This has no bearing on the admitted facts or evidence. The goal is to prevent the defense from basically saying, “They deserved it because they were gay/trans, and that surprised/scared me so much I acted violently.” It’s like saying you punched someone because they were wearing a different colored shirt. It’s not okay to hurt someone because of who they are.
The law was passed to prevent victim blame and to make it clear that being gay/trans isnt scary. People are people. And violence isn’t okay, even if one’s bigotry causes them act irrationally.
EDIT: Updated to simplify what I was trying to convey