This blog originally appeared at THE HILL.

Gay and transgender “panic” defenses are now prohibited in Michigan courtrooms, following legislation signed on Tuesday by Democratic Gov. Gretchen Whitmer.

Michigan becomes the 20th state to ban these defenses, which permit individuals accused of violent crimes to seek reduced sentences by claiming that the victim’s sexual orientation or gender identity caused them to panic. Although these defenses, collectively known as the LGBTQ “panic” defense, are not standalone defenses, they are often employed alongside other legal strategies to mitigate charges or sentencing.

Michigan’s new law significantly enhances legal protections for LGBTQ individuals against discrimination, prejudice, and hate crimes by ensuring that a defendant cannot use a person’s actual or perceived identity to claim “reasonable provocation” or to argue they acted in the heat of passion.

Democratic state Rep. Laurie Pohutsky, the bill’s primary sponsor, praised Whitmer’s signature as “a huge step toward securing a safe and inclusive state for all Michiganders.”

Tracking “panic” defenses in American courtrooms is notoriously difficult, with no exact figures available. 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 stated.

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