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Governor Gretchen Whitmer is a very busy lady these days.
In addition to promoting her new memoir True Gretch, she’s been working as a campaign surrogate for Joe Biden… which has mostly turned into fielding endless questions about whether she’d consider running in his place.
Now, she’s preparing to do a solid for the queer community in Michigan by signing legislation that will ban LGBTQ+ panic legal defenses in the Great Lake State.
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Under current Michigan law, a person can be acquitted on assault or murder charges if they can successfully argue their actions were provoked by fear of their victim’s sexuality or gender identity.
According to the American Bar Association, these laws “seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.”
Research by the Williams Institute adds that “no state recognizes gay and trans panic defenses as freestanding defenses under their respective penal codes.” Instead, defendants use panic defenses in conjunction with other defense strategies as a method to reduce the severity of their charges or sentencing.
Rep. Laurie Pothusky, who sponsored the bill banning the outdate, blame-the-victim defense in Michigan, told local media that her goal is to ensure everyone receives justice.
“We don’t want people to be able to commit violent acts against them and then get away with it or get a slap on the wrist because of who they assaulted, or in some cases who they murdered,” she said, noting that the defense is most often used in cases of violence against Black trans women.
Currently, only 19 states ban LGBTQ+ panic defense. Out of the 31 states that still allow it, Michigan ranks sixth in its use, according to a 2020 report.
“Making sure that anyone who perpetrates a violent crime against somebody who is a part of the LGBTQ community faces the same penalties and that those victims can face the same level of justice as anyone else is really, really important,” Pothusky, who is bisexual, said.
According to the Movement Advancement Project, just 42% of LGBTQ+ Americans live in states where LGBTQ+ panic defense is banned. 58% of LGBTQ+ Americans live in states where their identities can still be used against them when seeking justice after being violently attacked.
Since being elected governor in 2018, Whitmer has proven to be a strong ally to the queer community.
Notably, she expanded a state civil rights law to protect LGBTQ+ Michiganders for the first time and banned conversion therapy for minors. Last year, she made appointments to the first-ever statewide LGBTQ+ commission. And just last month, she recognized the 55-year anniversary of Stonewall.
“Today marks 55 years since the protests at the Stonewall Inn, when LGBTQ+ activists bravely fought back against discrimination,” Whitmer posted on social media. “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.”
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
Whitmer is expected to sign the bill banning LGBTQ+ panic defense into law next week.
“By passing this law and getting it to the Governor’s desk and signed, we’re affirming that members of the community are safe in Michigan,” Pothusky, who has spent four years working to pass the legislation, said.
As for the upcoming presidential election, Whitmer has repeatedly stated she fully supports the Biden/Harris ticket and has no intention of running in the president’s place, should he choose to exit the race.
“Listen, President Biden is the Democratic candidate. I am a co-chair of the Biden-Harris campaign. I am proud to be because I know as governor that this president has done more to help us in Michigan,” she told NPR earlier this month.
“I do think that four more years with this president will help Michiganders get ahead. It’ll help Americans everywhere get ahead. And that’s why I am unwavering in my support,” she added.
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