[Lesbian AG...] Whitmer signs law banning gay and trans 'panic' defenses

https://thehill.com/homenews/lgbtq/4790856-whitmer-gay-trans-panic-
defense-michigan/

Gay and transgender “panic” defenses are no longer viable in Michigan 
courtrooms under legislation signed Tuesday by Democratic Gov. Gretchen 
Whitmer.

Michigan is the 20th state to outlaw such defenses, which allow 
individuals accused of violent crimes to receive lesser sentences by 
arguing that the victim’s sexual orientation or gender identity caused 
them to panic. While gay and trans “panic” defenses — referred to 
collectively as the LGBTQ “panic” defense — are not freestanding defenses, 
they are used in conjunction with other legal strategies to reduce the 
severity of charges or sentencing.

Michigan’s law significantly expands legal protections for LGBTQ people 
against discrimination, prejudice and hate crimes by specifying that a 
defendant cannot use a person’s actual or perceived identity to 
demonstrate “reasonable provocation” or to show they acted in the heat of 
passion.

Democratic state Rep. Laurie Pohutsky, the measure’s primary sponsor, said 
Whitmer’s signature is “a huge step toward securing a safe and inclusive 
state for all Michiganders.”

Tracking “panic” defenses in American courtrooms is notoriously tricky, 
and the exact figure is unknown. As recently as 2018, the LGBTQ “panic” 
defense was used to mitigate a murder charge, according to the LGBTQ+ Bar 
Association.

In a 2013 resolution, the American Bar Association urged federal, tribal, 
state and local governments to “take legislative action to curtail the 
availability and effectiveness” of gay and transgender “panic” defenses in 
court.

“Successful gay and trans panic defenses constitute a miscarriage of 
justice,” the group wrote.


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