U.S.A.: Gender identity, sexuality to be protected under Michigan’s hate crime law

Michigan’s hate crime legislation is set to broaden its scope to include protections based on sexual orientation, gender identity or expression, age, disability, and additional factors.

This represents the first major revision in about 36 years, heightening both criminal and potential civil penalties for hate crimes and widening the definition of such crimes.

The revisions, enacted by Governor Gretchen Whitmer on Wednesday, will be effective starting April 2, according to ‘Michigan Live’.

Attorney General Dana Nessel commended the expansion, noting it was a long-awaited move. Over the past ten years, there has been an increase not only in hate crimes but also in the “normalization of racist, antisemitic and bigoted language, symbolism, and actions.”

“Our state’s previous hate crime legislation was insufficient for deterring and adequately prosecuting those who target Michigan residents with fear and hatred, simply for who they are,” Nessel stated. “Hate crimes are meant to deliver a violent message of intolerance to vulnerable communities. At the Department of Attorney General, especially in our Hate Crimes unit, we recognize that stronger laws like these can better shield Michigan residents from the epidemic of hatred in our state.”

Currently, Michigan’s hate crime law prohibits physically assaulting someone, damaging property, or threatening them with the specific intent to intimidate or harass due to their race, colour, religion, gender, or national origin.

The updated law will extend the protections to include sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, and “association or affiliation with an individual or group of individuals based on a protected characteristic.”

“As a Jew amidst rampant antisemitism, as a gay man facing uncertain rights, and as a state representative for my diverse community, I assured the people of West Bloomfield, Commerce, and the Lakes that I would combat the rise in hate crimes and extremism,” expressed state Representative Noah Arbit, D-West Bloomfield, a sponsor of the bill. “Today, after two years of intense effort and facing disinformation, bigotry, lies, and political gridlock, I am proud to have fulfilled that promise with this law.”

In 2023, Democrats attempted to pass similar bills but encountered misinformation, particularly claims that they would prohibit misgendering, as Arbit previously mentioned.

In the expanded law, stalking will be included in the list of hate crime actions, alongside broader definitions of threats and physical assault.

Under the revised law, a person commits a hate crime if they stalk, physically assault, damage property, or threaten someone due to their ‘actual or perceived’ protected characteristic, even if other motivations exist.

The revised law will heighten punishment, increasing prison sentences and fines based on previous hate crime convictions.

Currently, hate crimes can result in up to two years in prison and a $5,000 (approximately £4,000) fine.

Issuing a threat as part of a hate crime will be classified as a felony, leading to up to two years in prison and a fine of up to $5,000.

Stalking, physical assault, or property damage as part of a hate crime will incur a felony charge punishable by up to five years in prison and up to a $10,000 fine.

For a second or subsequent offence involving stalking, assault, or property damage, the penalty will be a felony punishable by up to 10 years in prison and a $15,000 fine. A repeat offence of making a threat will be classified as a five-year felony.

The crime will also be a 10-year felony if either the hate crime was committed by an adult against a minor, or if the offender possessed a firearm or other weapon.

The bills were predominantly passed along party lines last year, with Democrats endorsing the measures.