In a historic move for LGBTQ+ rights, Michigan has become the 20th state to outlaw the gay and trans panic defense in criminal cases. Governor Gretchen Whitmer signed House Bill 4718 into law this week, marking a significant step forward in protecting the rights and dignity of LGBTQ+ individuals.
Understanding the Panic Defense
The gay and trans panic defense has long been a controversial and harmful legal strategy. It allows defendants charged with violent crimes to claim that the victim’s sexual orientation or gender identity provoked them into a state of panic, leading to the crime. This defense seeks to justify or mitigate violent actions by arguing that the revelation of a victim’s LGBTQ+ status triggered an uncontrollable reaction.
The National LGBTQ+ Bar Association highlights several instances where this defense has been used, including the infamous 1995 murder of Scott Amedure in Michigan. During a taping of “The Jenny Jones Show,” Amedure revealed his romantic feelings for Jonathan Schmitz, who, three days later, shot and killed Amedure. Schmitz’s defense argued that the show’s revelation provoked him, although he was ultimately convicted of second-degree murder in 1996.
Legislative Details
House Bill 4718, championed by state Rep. Laurie Pohutsky (D-Livonia), explicitly prohibits using a victim’s sexual orientation or gender identity as evidence to “demonstrate reasonable provocation,” to “show that an act was committed in a heat of passion,” or to “support a defense of reduced mental capacity.” The bill states:
“Notwithstanding the provisions of any other law of this state, an individual is not justified in using force against another individual based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression or sexual orientation.”
Rep. Pohutsky, a dedicated advocate for LGBTQ+ rights, emphasized the importance of this legislation in making Michigan a more inclusive and welcoming state for LGBTQ+ people. She pointed to Michigan’s recent strides in expanding civil rights laws to prohibit discrimination based on sexual orientation, gender identity, and gender expression, as well as banning conversion therapy for LGBTQ+ minors.
A Step Forward for LGBTQ+ Safety
“Now that this legislation is law, members of our queer communities are even safer, and their freedoms even more secure,” Pohutsky stated. The enactment of HB 4718 is a testament to the ongoing efforts to ensure that LGBTQ+ individuals are protected under the law and that their lives are valued equally.
The American Bar Association has long urged for the abolition of the gay and trans panic defense, arguing that it entrenches the notion that LGBTQ+ lives are worth less than others. In 2013, the ABA adopted a resolution calling on local, state, and federal governments to ban the defense.
National and Local Impact
Including Michigan, 20 states and Washington D.C. have now banned the gay and trans panic defense, according to the Movement Advancement Project, an organization that researches LGBTQ+ issues. This growing trend reflects a broader recognition of the need for legal systems to protect LGBTQ+ individuals from discriminatory practices that excuse or minimize violent acts against them.
Gov. Whitmer, a vocal supporter of LGBTQ+ rights, has made significant strides in enhancing legal protections for the community since taking office. In addition to signing HB 4718, she has expanded the Elliott-Larsen Civil Rights Act to include protections for LGBTQ+ individuals, established the Michigan LGBTQ+ Advisory Council, and banned conversion therapy for minors.
“Since I took office, we expanded the Elliott-Larsen Civil Rights Act to cover the LGBTQ+ community, established the Michigan LGBTQ+ Advisory Council, and banned conversion therapy for minors. Our work is not done as we continue to make progress and move Michigan forward,” Whitmer told The Advocate.
Advocacy and Support
The passage of HB 4718 was met with widespread support from LGBTQ+ advocacy groups. Emme Zanotti, director of advocacy and civil engagement at Equality Michigan, expressed that LGBTQ+ individuals deserve the same protections as everyone else. “Prohibiting the use of the LGBTQ panic defense means there are no more free passes for violent crimes against our community members,” Zanotti stated.
Rep. Pohutsky also highlighted the broader significance of the bill, noting that it addresses deep-seated prejudices within the legal system. “The LGBTQ panic defense is often deployed as a component of other defenses to play on the unfortunate prejudices of some judges and juries in an effort to mitigate penalties for these crimes,” she said during the legislative process.
The movement to ban the gay and trans panic defense began in California in 2006 and has since gained momentum across the country. However, the defense remains lawful in many states. Efforts are ongoing to introduce similar legislation at the federal level, with the LGBTQ+ Panic Defense Prohibition Act reintroduced in Congress last year by Rep. Chris Pappas (D-N.H.) and Sen. Edward Markey (D-Mass.).
The Bottom Line
The signing of HB 4718 represents a monumental victory for the LGBTQ+ community in Michigan and sets a powerful precedent for other states to follow. It underscores the importance of continued advocacy and legislative action to ensure that LGBTQ+ individuals are afforded the same protections and respect as anyone else. As Michigan moves forward, the state stands as a beacon of progress and justice for LGBTQ+ rights, demonstrating that every life is valuable and deserving of dignity.
