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Michigan adds sexual orientation and gender identity to hate crime law despite 'far-right fiction'

Gretchen Whitmer
Kevin Dietsch/Getty Images

House Bills 5400 and 5401 amended the definition and sentencing guidelines of the state's 1988 “ethnic intimidation” statute for the first time in over 36 years.

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Michigan's hate crime law has been updated to include sexual orientation and gender identity after Democratic Gov. Gretchen Whitmer signed several bills into law last week.

House Bills 5400 and 5401 amend the definition and sentencing guidelines of the state's 1988 “ethnic intimidation” statute to include sexual orientation, gender identity or expression, disability, and age, designating them as protected groups against hate crimes if they are found to be a motivating factor for violent behavior.

State Attorney General Dana Nessel, who is an out lesbian, said in a statement that “it’s incumbent upon those of us with the authority to unilaterally denounce such sentiments; otherwise, there’s no stopping this behavior."

“Over the past decade, we have seen not just an uptick in hate crimes, but a normalization of racist, antisemitic and bigoted language, symbolism and actions – including a close adviser to the President giving the Nazi salute during an inaugural rally just this week,” Nessel said. "I applaud the Governor for signing these long overdue changes to the state’s statutes.”

The bill amending the hate crime statute's definition was first introduced by Democratic state Rep. Noah Arbit in 2023, but failed to pass after conservatives falsely claimed that the law made it a felony to misgender someone. Arbit noted in a conversation with CBS at the time that the bill did not contain the word "misgender" in its entire text, calling the claims "far-right fiction."

Related: Michigan bans 'gay and trans panic' defense as Gov. Gretchen Whitmer signs historic bill (exclusive)

Arbit said in a statement that he is "enormously proud that ... after two years of battling disinformation, bigotry, lies, and apathy, my Michigan Hate Crime Act was signed into law by Governor Whitmer."

"As a Jew at a time of rampant antisemitism, as a gay man at a time of fragile rights, and as representative for my diverse community, this issue is a matter of deep conviction to me," Arbit said. "Today’s signing of the Michigan Hate Crime Act marks a historic, long-overdue victory in Michigan’s decades-long battle against hate crimes, and I could not be prouder to see this gold standard legislation become law."

The hate crime bills will take effect on April 2. The Advocate has reached out to Gov. Whitmer's office for comment.

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Ryan Adamczeski

Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. Her first cover story, "Meet the young transgender teens changing America and the world," has been nominated for Outstanding Print Article at the 36th GLAAD Media Awards. In her free time, Ryan likes watching the New York Rangers and Minnesota Wild, listening to the Beach Boys, and practicing witchcraft.
Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. Her first cover story, "Meet the young transgender teens changing America and the world," has been nominated for Outstanding Print Article at the 36th GLAAD Media Awards. In her free time, Ryan likes watching the New York Rangers and Minnesota Wild, listening to the Beach Boys, and practicing witchcraft.