'Gay panic' no longer legal excuse for violence in Michigan court system

(The Center Square) – Michigan will no longer allow “gay panic” as a court defense. A bill signed into law bans using the perpetrator's sexual orientation as a reason for the victim's self-defense or as evidence.

“Gay panic” is described by the American Bar Association as using sexual orientation or gender identity as why the defendant acted out. Often, this looks like a violent response against flirtations from the same sex or a transgender individual.

The bill reads, “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.”

House Bill 4718, signed by Gov. Gretchen Whitmer, passed 56-54 in the state House, and 24-14 in the Senate. While the vote was predominantly along party lines, some Republicans joined in voting yes.

“I have been incredibly passionate about this bill for several years, and I am elated to see it signed into law. Protecting the future of LGBTQ+ people across Michigan is something I have been working hard to do,” bill sponsor and state Rep. Laurie Pohutsky, D-Livonia, said.

While no state actively includes sexuality or gender identity as a means for defense in its penal code, it has been used in court to support arguments. Currently, 20 states as well as Washington D.C. now prohibit the “gay panic” defense. California was the first to explicitly ban its use in 2006.

HB 4718 will go into full effect in October.