Michigan has signed a bill banning the ‘gay panic’ defence, making it the 20th US state to outlaw the dangerous policy which previously allowed someone to justify attacking an LGBTQ+ person because of discomfort with their queer identity.

The H.B. 4718 bill was sponsored by Democratic bisexual state representative Laurie Pohutsky who has worked to make Michigan a more equitable and safe place for the LGBTQ+ community. It states that “evidence of the discovery of, knowledge about, or potential disclosure of an individual’s actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible” and can not be considered “reasonable provocation”.

The bill clarifies that a person can not use force against someone “based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived sex, gender identity, gender expression, or sexual orientation.” It also protects LGBTQ+ people from acts of violence, discrimination, prejudice and hate crimes.

The new legislation was first passed by the state’s Democratic-majority House in October 2023, and the state’s Senate approved the bill in June 2024 before sending it to democratic Governor Gretchen Whitmer’s desk to sign on Tuesday, July 23.

Governor Whitmer’s office praised the bill on gay panic defences for expanding legal safeguards for LGBTQ+ people in Michigan by “protecting them from violent acts of discrimination, prejudice, and hate crimes.” Since being elected to her position in 2018, Governor Whitmer has banned conversion therapy for minors in Michigan and expanded state civil rights laws to protect LGBTQ+ people.

Today marks 55 years since the protests at the Stonewall Inn, when LGBTQ+ activists bravely fought back against discrimination. Their courage ignited change, inspiring a movement that still marches on today. I’m proud to honor that legacy as we continue the fight for equality 🏳️‍🌈

— Governor Gretchen Whitmer (@GovWhitmer) June 28, 2024

Speaking about the legislation’s passing, Laurie Pohutsky 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.”

She added: “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.”

Today, Gov. Whitmer signed HB 4718, my bill to ban the use of the LGBTQ panic defense, into law, making MI the 20th state to do so. A case should be decided based on its merits, not because of anti-LGBTQ bias. Thank you to @EliNSavit and @AnthonyMKreis for all of their help.

— Laurie Pohutsky (@lpohutsky19) July 23, 2024

The previous homophobic and transphobic defence, also known as the homosexual advance defence, used irrational fears and prejudices to imply that violence against LGBTQ+ people is acceptable under certain circumstances. It allowed defendants in court to argue that the discovery of an LGBTQ+ person’s identity was so shocking that it justified committing a violent crime against them.

While the so-called ‘gay and trans panic’ defence can not be used to excuse murders and assaults on its own, it has been used by attorneys alongside other strategies to defend their clients and reduce charges and sentencing.

The defence has been used in high-profile cases including the 1993 murder of Brandon Teena, the 1995 murder of Scott Amedure, the 1998 murder of Matthew Shepard, the 2008 murder of Larry King, and the 2016 murder of Daniel Spencer, whose killers were only sentenced to six months in jail.

The American Bar Association issued a resolution in 2013 calling on “federal, tribal, state, local, and territorial governments” to prohibit the use of this defence, but 30 states still permit this practice. Democrats introduced a nationwide bill in Congress in 2023, but it can not pass without Republican support.