‘Gay/trans panic’ defense could soon be illegal in Mich.

LANSING, Mich. (WLNS) — Legislation outlawing blaming a victim’s sexual orientation or gender identity for a crime is on the desk of the governor.

House Bill 4718 , if signed into law by Governor Gretchen Whitmer, would amend Act 175 of 1927 , the current code regarding criminal procedure in the state, with a new section that would outlaw the use of the “gay/trans panic” defenses in criminal proceedings.

The “gay/trans panic” defense is a legal strategy used by perpetrators of violent crimes, who claim that the victim’s perceived or actual gender/sexual identity was a source of distress that caused them to react violently.

Under the proposed law, an individual’s gender/sexual identity would no longer be admissible as evidence of reasonable provocation, grounds for claims that an act was committed in the heat of passion, or evidence for reduced mental capacity.

“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,” said Speaker Pro Tempore Laurie Pohutsky (D-17), who introduced the bill. “This legislation, along with other bills we have passed this term, significantly expands legal protections for LGBTQ+ communities. The fight for security isn’t over, but I’m proud to see how far we’ve come.”

This defense has been used in Michigan at least 4 separate times, according to a study published by a criminal justice professor from St. Edward’s University. In Lansing, in 1999, defendant Semaj Beals argued, unsuccessfully, that he shot and killed a gay man because of “ unwanted sexual advances ,” a Michigan Court of Appeals ruling upholding his conviction says.

See the proposed law below:

Sec. 21d. (1) Evidence of the discovery of, knowledge about, or potential disclosure of an individual’s actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible for any of the following purposes:
(a) To demonstrate reasonable provocation.
(b) To show that an act was committed in a heat of passion.
(c) To support a defense of reduced mental capacity under section 20a of this chapter.
(2) 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.

The proposed Chapter VIII, Section 21d. of the Act 175 of 1927, which would be codified if House Bill 4718 is signed by Whitmer

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