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How New Hate Crime Protections Will Impact Michigan’s LGBTQ+ Community

Out Rep. Noah Arbit co-authored bills that add sexual orientation, gender identity and expression to existing law

Sarah Bricker Hunt

In a historic move for LGBTQ+ rights in Michigan, Gov. Gretchen Whitmer has signed the Michigan Hate Crime Act into law, marking the first major update to the state's hate crime legislation since 1988. The law takes effect April 2, positioning Michigan among states with the strongest hate crime protections in the nation.

The update comes amid an onslaught of anti-LGBTQ+ executive orders — especially anti-trans orders — signed by President Trump since he took office Jan. 20. Orders including a nationwide ban on gender-affirming care for people under 19, a trans military ban, a proclamation that the U.S. only recognizes two genders, as well as requiring public schools to out LGBTQ+ students to their parents, have injected a healthy dose of fear into the queer community in Michigan and beyond.


The new legislation also arrives on the heels of a tragic incident at Syracuse VA Medical Center, where a transgender veteran died by suicide on Jan. 27. The veteran, who had been discharged from the facility's inpatient psychiatry unit on Jan. 21, was found wrapped in a transgender Pride flag after falling from the hospital's parking garage. The veteran's death highlights ongoing concerns about mental health care access and support for LGBTQ+ veterans.

Michigan continues to tell a different, more queer-affirming story as the new language explicitly includes protections for individuals targeted based on their sexual orientation, gender identity or expression, which are not included in the existing hate crime law. Michigan’s current hate crime law makes it a felony to harm, or threaten to harm, a person or the property of a person, “with specific intent to intimidate or harass” that person “because of that person's race, color, religion, gender or national origin.”

"Hate crimes are unique because there is never just one victim of a hate crime; an entire community is victimized, too," explains bill co-author State Rep. Noah Arbit (D-West Bloomfield). "Hate crimes tell all those who share a victim's community: People like you aren't welcome, people like you don't belong, people like you won't be safe."

Rep. Noah Arbit. Courtesy photo
Rep. Noah Arbit. Courtesy photo

The legislation significantly strengthens penalties for hate-motivated crimes. First-time offenders now face up to two years in prison and fines up to $5,000. More serious violations, including second offenses or crimes committed against minors, carry penalties of up to 10 years imprisonment and $15,000 in fines.

For Arbit, this legislation represents both a personal and professional milestone. "As a Jew and a gay man from an incredibly diverse community like West Bloomfield, the issue of hate crimes is deeply personal to me," he says. "That's why I ran for office on a pledge to take on rising hate crimes."



The path to passing this legislation wasn't easy. "It took two years of battling disinformation, bigotry, lies and political paralysis, and there were many times when it seemed it would never get done," Arbit reflects. "But I came to this office with a job to do and a promise to keep. I refused to take no for an answer, and we got it done."

"We have seen many laws updated and we have more understanding of certain discrimination since the ‘80s," Rep. Kristian Grant (D-Grand Rapids), who co-authored the bill with Arbit, told Michigan Public. "So it's clearly clarifying what a hate crime is and putting penalties on the books that will really hold people accountable. It's not just a slap on the wrist."

The new law criminalizes various forms of hate-motivated behavior, including:

  • Physical violence or force against individuals
  • Causing bodily injury
  • Stalking
  • Damaging, destroying or defacing personal property

Arbit sees the law as particularly meaningful for LGBTQ+ Michiganders. "I hope that through the passage of the Michigan Hate Crime Act, LGBTQ+ Michiganders see that they have voices in government who are responsive to their needs, even as Republicans in Washington, D.C. seek to strip us of rights, protections and dignity," he says. "With the passage of the Michigan Hate Crime Act, accountability for individuals who commit acts of targeted violence against LGBTQ+ Michiganders will finally be possible — as will justice for survivors."

In a statement, Michigan Attorney General Dana Nessel emphasized the law's importance, noting that previous hate crime laws were "inadequate to deter and properly prosecute those that target Michigan residents with fear and hatred, simply for who they are."

The legislation faced some hurdles before passage, including opposition based on false claims about misgendering. However, after careful revisions, the bills passed both chambers of the Michigan legislature largely along party lines.



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