LANSING, Mich. (Michigan News Source) – Michiganders may find themselves not just in a proverbial pickle regarding proper pronoun use after the recent passage of a House Bill which expands what constitutes a hate crime, and could land them jail time and fines. 

Near the end of June, a bill sponsored by Representative Noah Arbit (D-West Bloomfield), was passed that included language to penalize those who cause physical or emotional damage to another individual. 

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“A person is guilty of a hate crime if that person maliciously and intentionally does any of the following to an individual based in whole or in part on an actual or perceived characteristic of that involved listed…” according to House Bill 4474. 

The list of perceived characteristics include: race or color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, national origin, and an umbrella description for anyone in “association or affiliation with an individual or group of individuals in whole or in part based on a characteristic” described in the first list of characteristics.  The bill added sex, sexual orientation, age, gender identity, and physical or mental disabilities to the preexisting list. 

According to a House Fiscal Agency report, the bill would permit “a person who suffers bodily injury or damage to their property as a result of a hate crime to bring a civil cause of action against the offender for an injunction, actual damages (including damages for emotional distress), or other appropriate relief.”

Michigan legislators have also responded to online claims, including Representative Veronica Paiz (D-Harper Woods). 

“I am a co-sponsor of a #hatecrimes bill, HB 4474, which criminalizes conduct (NOT your #FirstAmendment rights to free speech),” Representative Paiz said in a tweet, “This bill is also part of a ‘package’ which criminalizes ‘institutional desecration’ — such as defacing a place of worship.” 

Attorney with the Great Lakes Justice Center, David Kallman, contends that a recent SCOTUS ruling in the case of Counterman v. Colorado regarding the First Amendment would make implementing the penalties of HB 4474 unconstitutional. 

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“You cannot prosecute someone based upon the alleged victim’s hurt feelings,” Kallman said. “What words can cause another person to feel frightened? What words can cause another person to feel harassed? No one knows. What words can cause another person to feel intimidated? No one knows.”

The legislation that is on the way to the Michigan Senate for consideration, has garnered the attention of other state leaders including Texas Governor Greg Abbott. 

“Michigan House passes bill that could make using wrong pronouns a felony, finable up to $10,000,” he said in a tweet. “You will NEVER see a law like this in Texas.”