LANSING, Mich. (Michigan News Source) — Michigan is poised to become the 20th state in the U.S. to outlaw the controversial ‘gay panic’ defense. The bill, now awaiting Governor Gretchen Whitmer’s signature, aims to prevent defendants from using an individual’s “sexual orientation, gender identity, or gender expression” as a justification for violent crimes.
The National LGBTQ+ Bar Association describes the ‘gay panic’ defense as a “strategy” designed “to employ homophobia and transphobia to persuade a jury into fully or partially acquitting the defendant. Whether or not this appeal to bigotry is successful in court, every time a defendant invokes the LGBTQ+ ‘panic’ defense, they reinforce the dangerous and discredited belief that LGBTQ+ lives are worth less than others.”
State Representative Laurie Pohutsky (D-Livonia), the bill’s sponsor, hailed the legislation as an advancement for LGBTQ+ rights in Michigan. Pohutsky said that the legislation, along with other bills passed this term, expands legal protections for LGBTQ+ communities and represents progress in “the fight for security.”
“The policy this bill encompasses is something I have been focused on for quite some time, and to see it pass through both the House and the Senate is monumental,” Pohutsky told MLive.
The bill’s passage follows a party-line vote in the state House, with Republicans opposing the measure.
In addition, critics on social media have also voiced their concerns. For one, they point to issues of political correctness and grandstanding. For another, they express skepticism about the necessity and impact of the legislation.
“This is not something y’all should be focusing on. In Michigan, it doesn’t happen often, and the defense is almost always dismissed,” one X user said.
Another tweet argued, “Perhaps it should be renamed ‘straight panic,’ since after the last two years attest, there are more ‘alphabet people’ crimes (including mass shootings) against the straight populace than the reverse. Facts not hyperbole should drive legislation.”
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While the frequency of the defense’s use in Michigan remains unclear, it has been cited in at least four murder cases between 1970 and 2020, according to a study by Professor W. Carsten Andresen of St. Edward’s University in Texas.
In analyzing Andresen’s research, St. Edward’s University highlighted that the gay/trans panic defense has resulted in charge reductions in approximately twelve cases nationwide, or about 11.88% of instances where it was used.
Immediately after citing this data, however, they also acknowledged that “In the future, Andresen would like to pinpoint what role the gay or trans panic defense played in the reduction of charges in these cases.”
Moreover, studies show that this defense strategy is largely unsuccessful, with over 70% of cases nationally failing to result in acquittal or charge reductions (St. Edward’s University).
According to MLive, the Michigan Department of Civil Rights (MDCR) strongly supports the bill, stating that the defense “has been used to excuse the most heinous crimes and reduce charges for crimes of violence committed against LGBTQ+ individuals.”
Organizations such as Equality Michigan, the Human Rights Campaign, and the LGBTQ+ Section of the State Bar of Michigan also support the Michigan bill. They join a coalition of advocacy groups, including the American Association of University Women of Michigan, the Michigan League for Public Policy, and the Michigan Coalition to End Domestic and Sexual Violence, in backing the legislation.
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