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Breccan F. Thies, Investigative Reporter


NextImg:Michigan GOP warns new hate crime law will 'police' speech and prosecute 'misgendering'

Michigan's Democratic-controlled legislature is advancing new hate crime legislation billed as needed protections for LGBT Michiganders, but opponents are warning the stiffer penalties could lock up citizens for using non-preferred pronouns.

The Michigan House recently passed a package of bills seeking to amend the Great Lake State's hate crime laws to include "gender identity or expression" and allows for prosecution of perceived "intimidation."

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Many state House Republicans told the Washington Examiner the bill, if enacted, could see their constituents put in prison for "misgendering" a person who identifies as transgender. They railed against the legislation as an attempt by Democrats to "persecute their political opposition."

Under the legislation, the perception of hate can be enforceable "regardless of the existence of any other motivating factors."

"It's a bill that intends to bring prosecution for hurt feelings," Republican Rep. Brad Paquette told the Washington Examiner. "The bill is founded in pure narcissism and victim mentality that's built upon gender theory. It's one that seeks to force others who adamantly disagree with gender theory to live in another's delusion."

"I think gender theory is one of the biggest threats to our nation," Paquette added.

Republican Reps. Matt Maddock and Angela Rigas said the bill is part of a larger effort from Gov. Gretchen Whitmer (D-MI) and the Left to "control how we talk," with Rigas adding, "I think she’ll find Americans don’t take kindly when you try and police our speech."

“The Left has become experts at using the law to prosecute and ultimately persecute their political opposition," Maddock told the Washington Examiner. "Their goal is to silence their opponents, criminalize our thoughts as thoughtcrimes, and put every Christian in prison."

"The only real solution is for every Christian to get politically involved and fight back against the legal transformation currently underway," he concluded.

Michigan Attorney General Dana Nessel, a Democrat, spoke in favor of the bill, saying the current law "is woefully inadequate to address the rise and escalation of crimes that we’re seeing today." Bill sponsor Rep. Noah Arbit, a Democrat, cited an "unabated rise in hate crimes with no corresponding legislative actions."

Even in cases where an injury is not incurred, or the person who allegedly committed the would-be crime does not have a prior criminal record, Michiganders who violate the new standard could face up to two years in prison or a $5,000 fine.

In cases where there is an injury or where a minor is involved, the penalty is five years imprisonment and a $10,000 fine.

Many Republicans, like Reps. James DeSana, Neil Friske, and Steve Carra, pointed out the vagueness of words like "intimidation" and how perceived intimidation could come with steep penalties.

"This legislation opens the door to severe penalties for words," Carra told the Washington Examiner. "Despite some speech being completely reprehensible, one of the wonderful things about our country is that you have the right to say it without fear of government retaliation or oppression."

Two Republicans voted for the measure in the House, with Paquette explaining some of his House colleagues are too afraid to be "called a bigot."

Rep. Donni Steele and Paquette said they feared the legislation could wrongfully put their constituents behind bars.

Those who don't pay close attention to politics may not even know about the prescribed norms transgender advocates push, like "preferred pronouns," but they could be subjected to serious penalties if they violate them, they explained. "You will end up vilifying people that have no idea what you're even talking about," Steele said.

Paquette agreed, noting he "can see a lot of [his] constituents potentially getting prosecuted" because they "intentionally" do not "participate in a person's delusion. They're not bigots; they just believe in biological reality."

Rep. Gina Johnsen predicts if the legislation, which awaits passage in the Democratic-led Senate, becomes law, it will be overturned by the U.S. Supreme Court.

"You can't regulate speech in this way, with the end-feeling of the potential recipient, determining whether it's a crime or not," Johnsen told the Washington Examiner. "You're going to crush people's ability to have a political opinion, to have a religious opinion, to have a moral opinion, or an immoral opinion."

Johnsen explained the bill makes it possible for local prosecutors to determine whether something is a hate crime, where a speech to one group could be perfectly fine, but the same speech could be considered a crime to another group.

"You will see a huge migration of people leaving Michigan because you're squelching your freedoms," Johnsen predicted.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

If the bill passes the Democratic-controlled Senate, it will head to Whitmer's desk to become law.

Neither Whitmer nor Nessel responded to a request for comment from the Washington Examiner.