Michigan outlaws the 'gay and trans panic defense' in criminal trials

Michigan has outlawed the so-called gay and trans panic defense, which allows criminal defense attorneys to use a victim’s sexual orientation or gender identity as a defense argument.

Michigan is now the 20th state to prohibit this type of defense, according to Movement Advancement Project, an LGBTQ think tank. Last year, Rep. Chris Pappas, D-N.H., and Sen. Edward Markey, D-Mass., reintroduced the LGBTQ+ Panic Defense Prohibition Act, which would ban such defenses in federal court.

The highest-profile example of the “gay panic defense” was perhaps the attempt to use it in the murder trial of Aaron McKinney, one of the two men accused of fatally beating 21-year-old gay student Matthew Shepard in Wyoming in 1998. The defense was unsuccessful, and both men were sentenced to life in prison.