Whitmer signs law banning gay and trans ‘panic’ defenses

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.