The Michigan House of Representatives has approved HB 4474, a law that criminalizes behavior that makes someone feel threatened, including the misuse of pronouns, with potential penalties of fines and imprisonment.
Under the legislation, acts that cause individuals to feel terrorized, frightened, or threatened are considered serious offenses, and the law adds “sexual orientation” and “gender identity or expression” to the list of protected groups.
Offenders could face up to five years in prison and/or a $10,000 fine for such offenses.
This law is part of the Democratic Party’s ongoing efforts to advance a pro-LGBTQ+ agenda since assuming office in Michigan.
The proposed legislation seeks to expand and update protections provided by the existing Ethnic Intimidation Act.
Critics argue that the bill could have a chilling effect on free speech and that the term “harassment” lacks precise definition, leaving room for interpretation.
According to the proposed legislation, “intimidate” refers to “a deliberate pattern of conduct involving repeated or ongoing harassment that would cause a reasonable person to feel terrorized, frightened, or threatened, and actually causes the victim to feel terrorized, frightened, or threatened.”
Penalties, if enacted, would depend on how the victim and the court perceive the situation.
Determining when speech crosses the line into “intimidation and harassment” would be left to the listener and local prosecutors to decide.
Critics argue that the proposed legislation threatens both due process and the right to free speech, as guaranteed by the Constitution.
Since assuming power this year, Michigan Democrats have prioritized the protection of LGBTQ+ rights.
Discrimination based on sexual orientation or gender identity is now illegal in the state, thanks to a bill passed in March that added safeguards for the LGBTQ+ community to Michigan’s civil rights statute.
The new anti-hate speech legislation received 59 votes in favor and 50 votes against in the Democrat-controlled Michigan House of Representatives.
If approved, it is likely that Democratic Governor Gretchen Whitmer would sign it into law.
Constitutional law expert and retired federal judge Professor Emeritus William Wagner suggests that this measure could be weaponized to suppress conservative voices and undermine the due process guaranteed by the Constitution.
Wagner warns that those advocating for this legislation could use it to silence conservative expression or viewpoints, leading to lawsuits against educational institutions, places of worship, private enterprises, and individuals who hold differing opinions.
Conservatives who speak out against extreme gender ideology could be targeted by this legislation, and Republican Representative Angela Rigas expressed her concerns about its potential consequences.
The inclusion of gender identity confusion as a “protected class” in Michigan law raises concerns about potential misuse and the weaponization of the legal system against conservatives, according to Rigas.
Similar concerns were voiced when legislation to prohibit “conversion therapy” was being considered, suggesting that Democrats seek to dictate people’s thoughts and beliefs.
Without Republican influence in Michigan’s branches of power, conservatives may need to rely on the courts to challenge such legislation, Rigas added.
Recently, lawmakers in Michigan unanimously passed a bill to ban “conversion therapy” for minors.
This new law makes it illegal for mental health professionals to use the scientifically discredited practice of “conversion therapy” in an attempt to change a young person’s sexual orientation or gender identity.
The state House of Representatives had already approved the ban, and on Tuesday, the Michigan Senate followed suit with a 21-15 vote (with one Republican joining the Democrats).
Governor Whitmer, who has previously denounced “conversion therapy” as a “dangerous practice,” must now give her final approval for the bill to become law.