A bill revoking the so-called “LGBTQ panic” defense saw testimony today for what advocates say is a necessary change to protect their communities.
The “LGBTQ panic” defense is a legal argument made after a person attacks their partner after finding out they’re a member of the LGBTQ community.
According to the LGBTQ+ Bar Association, the defense can be used in court to assert that the person’s sexuality or gender identity posed a threat to them and necessitated a physical response. Defendants may also use the argument with a self-defense or insanity defense.
“Its core is rooted in the notion that members of the community are less human, so crimes against them and less serious and therefore the penalties don’t need to be a serious either,” said Rep. Laurie Pohutsky, sponsor of the legislation.
According to the LGBTQ+ Bar Association, the “panic” argument was used to lessen the sentence for a murder conviction as recently as April 2018. Pohutsky, a queer woman herself, testified in support of the policy before a senate committee.
“The ‘LGBTQ panic’ defense is often deployed as a component of other defenses to play on the unfortunate prejudices of some judges and juries in an effort to mitigate the penalties for these crimes,” she said.
The legislation would enshrine in Michigan law that the “panic” defense is not a sound legal argument. Currently, the argument could be used to justify violence against an LGBTQ person if a sexual or romantic partner discovers their identity and feels provoked to violence.
Defendants would also be banned from using this argument under an insanity defense.
The bill contains clear exceptions in cases where an LGBTQ person commits a crime as otherwise defined in Michigan law - supporters stressed that the policy wouldn’t give a free pass for LGBTQ people to assault others.
If an LGBTQ person attacks their partner after the partner reacts negatively to discovering their sexuality or gender identity, the partner would be legally allowed to defend themself. The self-defense argument would still be allowed in a subsequent trial, despite the altercation originating from the knowledge of their partner’s identity.
The bill also covers non-forcible romantic or sexual advances made by a member of the LGBTQ community — for example, if someone receives an unwanted but non-violent advance from an LGBTQ colleague, they couldn’t respond with a disproportionate violent act and use the knowledge of that colleague’s sexuality as a defense.
Sen. Jim Runestad, R-White Lake, expressed concerns that the legislation could be used to give preferential treatment to minority groups within the LGBTQ community, a comment he made after supporters said that Black LGBTQ people are more likely to be victimized by partners or strangers. But Runestad said the bill would likely receive support from him and a Republican colleague in a future hearing.
Emme Zanotti, director of advocacy and civic engagement for Equality Michigan, said that the law could save lives if passed.
“LGBTQ people and trans women like me — we are tired of paying for people’s insecurities, their impulses and their ideologies with our own lives,” she said.
The bill previously passed through the House on a party-line vote and will likely be advanced to the Senate after a period for suggested amendments.
If passed through the Senate and signed by Governor Gretchen Whitmer, Michigan would become the 19th state to outlaw the use of the defense. Wisconsin, Minnesota, Pennsylvania and Arizona are also considering policies that could be passed into law this year.
