Michigan Gov. Gretchen Whitmer outlaws the ‘gay and trans panic defense’ in criminal trials

Michigan-Gov.-Gretchen-Whitmer Michigan Gov. Gretchen Whitmer speaks in Detroit on May 19.Andrew Caballero-Reynolds / AFP - Getty Images file

Deuteronomy 22:5 “A woman shall not wear a man's garment, nor shall a man put on a woman's cloak, for whoever does these things is an abomination to the Lord your God.

Important Takeaways:

  • The law prohibits using a victim’s sexuality or gender identity as justification for criminal action
  • The legislation states that an individual’s “actual or perceived sex, gender identity, gender expression, or sexual orientation” is not admissible in a criminal trial to “demonstrate reasonable provocation,” “show that an act was committed in a heat of passion” or “support a defense of reduced mental capacity.”
  • The governor’s office said the bill “significantly expands” protections for the LGBTQ community “by protecting them from violent acts of discrimination, prejudice, and hate crimes.”
  • Michigan is now the 20th state to prohibit this type of defense, according to Movement Advancement Project, an LGBTQ think tank.
  • Emme Zanotti, director of advocacy and civic engagement at Equality Michigan, a statewide LGBTQ advocacy group that expressed support for the legislation at the September hearing, said in a statement shared with NBC News on Wednesday that LGBTQ community members “deserve the same protections as everyone else.”

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