Whitmer Signs Law Banning Gay and Transgender ‘Panic’ Legal Defense in Michigan

by Misty Severi

Michigan’s Democratic Gov. Gretchen Whitmer signed a bill on Tuesday that outlaws defense lawyers from using a victim’s sexual orientation or gender identity as part of their defense argument.

The bill passed the state House in a 56-54 vote, and prohibits people accused of violent crimes from claiming that their alleged victim’s perceived or actual gender identity or orientation caused them to “panic.” Michigan is now the 20th state to pass such a law.

The “panic” argument was not often used as a standalone defense, but was used with other tactics in hope of reducing sentences or lowering charges, according to The Hill.

“I have been incredibly passionate about this bill for several years, and I am elated to see it signed into law,” Democratic state Rep. Laurie Pohutsky, who sponsored the bill, said in a statement. “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.”
Whitmer’s office said that the resolution ” significantly expands legal safeguards for the LGBTQ+ community by protecting them from violent acts of discrimination, prejudice, and hate crimes.”

It is not clear how often the “gay panic” defense is used, but Pohutsky claimed last year that Michigan is one of the top 10 states that most frequently use it, citing a statistic from the Equality Michigan Action Network.

The argument was successfully used in Texas in 2018, according to NBC News, when a man received a light sentence for stabbing his male neighbor who allegedly tried to kiss him.


Misty Severi is a reporter for Just the News