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."
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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.