The law prohibits using a victim’s sexuality or gender identity as justification for criminal action.

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.”

  • @Drivebyhaiku
    3•5 months ago

    Some laws are clarifications of overlaps of other laws that create wiggle room. In this instance the queer panic defense is still being used in court rooms and whether or not it passes as legit is basically up to whichever judge you get, how eloquent the defense lawyer is and how sympathetic to queerphobia the jury is.

    If this firestorm of factors does occur you get a situation where there is ruled a legitimate self defense claim because a queer person existed near you.

    Trans women experience this way more often than they should just more often then not there’s no charges pressed. A cis straight guy approaches them to hit on them (oft times unwanted), they get clocked as trans during the encounter, the guy freaks out and no matter what the trans person does be it reject, deflect or reciprocate, the guy becomes abusive or violent. The thing that the guy is reacting to is his own homo/transphobia, not the behaviour of the trans person he approached. They could be the nicest, meekest trans woman alive who is just trying to escape the awkward situation and the abuse would still happen. There’s a lot of people out there who would find the cis guy’s reaction way more relatable than the trans woman’s experience so that recipe for the trans panic defense still sometimes finds all the nessisary ingredients. The law leaves much less room for interpretation of what constitutes a valid point to argue self defense narratives.