‘Gay/trans panic defense’ now illegal in Michigan

LANSING, Mich. (WLNS) — An individual’s gender or sexual identity is no longer a valid defense for violent crime in the state of Michigan after Governor Gretchen Whitmer signed House Bill 4718 into law earlier this week.

The gay/trans panic defense is a legal strategy used by perpetrators of violent crimes to justify their acts of violence by claiming that their victim’s assumed or actual gender or sexual identity distressed them to the point of losing control and reacting violently. The goal of the strategy is often to seek acquittal or reduced sentencing.

For instance, the defense can be employed by claiming to be a victim of unwanted same-gender sexual advances or that an individual’s gender identity or sex assigned at birth was not revealed until during or after otherwise consensual sexual intercourse.

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

Michigan House of Representatives Speaker Pro Tempore Laurie Pohutsky (D-17) introduced the bill in June 2023. Pohutsky is the first openly bisexual member of the House.

“Now that this legislation is law, members of our queer communities are even safer, and their freedoms even more secure,” said Pohutsky. “I am both thankful and proud that my colleagues in the House and Senate have supported protections for LGBTQ+ folks in Michigan.

See the new law below:

The People of the State of Michigan enact:
CHAPTER VIII 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.

ENROLLED HOUSE BILL No. 4718

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