Michigan becomes 20th US state to ban regressive and homophobic ‘gay panic’ defence
Michigan governor Gretchen Whitmer has signed House Bill 4718 making Michigan the 20th state to outlaw the “gay panic” defence in a court of law. (Nic Antaya/Getty Images)
Michigan governor Gretchen Whitmer has signed a bill banning the “LGBTQ+ panic” defence, historically referred to as the “gay panic” defence, to outlaw the use of someone’s identity to justify attacking them.
The Democrat governor, mentioned as a possible running mate for presidential candidate Kamala Harris, signed 39 bills into law on Tuesday (23 July), including one that makes Michigan the 20th state to end the “gay or transgender panic defence”. Florida banned it at the start of last year.
As reported by PinkNews previously, the defence – also known as the homosexual advance defence – allowed defendants to argue that a sexual advance by an LGBTQ+ individual was so shocking to them, that they became temporarily insane and committed the crime in question.
House Bill 4718 outlaws the defence.
The bill expands safeguards for the LGBTQ+ community
The bill also expands legal safeguards for the LGBTQ+ community by protecting them from acts of violence, discrimination, prejudice and hate crimes.
Whitmer’s signing of the bill is part of her goal to make the Wolverine State safer for the queer community.
Since being elected as governor in 2018, she has gone on to be a strong LGBTQ+ ally. Last month, she recognised the 55th anniversary of the Stonewall uprising and has banned conversion therapy for minors, expanded state civil rights laws to protect queer people in Michigan and made appointments to the first LGBTQ+ Commission.
Democrat representative Laurie Pohutsky, who sponsored the legislation, said: “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.
“This bill, alongside many other monumental pieces of legislation brought forth by Michigan Democrats, is a huge step toward securing a safe and inclusive state for all Michiganders.”
On Monday (22 July), Whitmer formally endorsed Harris to be the Democratic Party’s nominee for president, but when asked for her thoughts on joining the ticket, she said: “I’m not planning to go anywhere. I am not leaving Michigan.”
The state is seen as one of the key battlegrounds in the presidential election. It was won narrowly by president Joe Biden in 2020 and by Donald Trump on his way to the White House in 2016.
