Gay and transgender “panic” defenses are no longer viable in Michigan courts under legislation signed Tuesday by Democratic Gov. Gretchen Whitmer.
Michigan is the 20th state to ban 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. Although the gay and trans “panic” defenses – collectively referred to as the LGBTQ “panic” defense – are not independent defenses, they are used in conjunction with other legal strategies to reduce the severity of charges or sentences.
The Michigan law significantly expands legal protections for LGBTQ people against discrimination, bias and hate crimes, specifying that a defendant cannot use a person’s real or perceived identity to demonstrate “reasonable provocation” or to show that they acted in the heat of the moment. passion.
Democratic state Rep. Laurie Pohutsky, the measure’s lead sponsor, said Whitmer’s signature is “a huge step toward ensuring a safe and inclusive state for all Michiganders.”
Tracking “panic” defenses in American courts is notoriously complicated and the exact number is unknown. As recently as 2018, the LGBTQ “panic” defense was used to mitigate a murder charge, according to the LGBTQ+ Bar Association.
In 2013 resolutionthe American Bar Association has urged federal, tribal, state and local governments to “take legislative action to reduce the availability and effectiveness” of gay and transgender “panic” defenses in court.
“The successful defenses against gay and trans panic constitute a miscarriage of justice,” the group wrote.
This story originally appeared on thehill.com read the full story
