Transgender People Protected By Michigan Ethnic Intimidation Law

MICHIGAN — Michigan's Court of Appeals ruled Thursday that a state law that prohibits intimidation based on gender applies to transgender people also.

The ruling was prompted by a case involving a transgender woman who was shot at a Detroit gas station about three years ago.

According to court documents, Deonton Rogers taunted a transgender woman and called her derogatory names after walking into a Detroit convenience store on July 23, 2018 to make a purchase. After getting in line to pay for her items, Rogers is said to have even asked to see her private parts. As the taunts continued and escalated, authorities said Rogers pulled out a gun and threatened to kill her.

Afraid she'd be shot, the woman tried to grab Rogers' hand to get the gun away from him; however, a struggle ensued.

"During this struggle, defendant kept his finger on the trigger. At some point during the struggle, the gun fired into the complainant's left shoulder," court records read.

The woman was taken to the hospital, where she spent several days being treated for a shattered shoulder, including undergoing surgery.

Michigan's ethnic intimidation law makes it illegal for someone to harass another person because of their race, color, religion, gender or national origin. The issue central to this case is whether that law covers transgender residents also. The state's appeals court ruled that it did.

"The preliminary examination testimony established probable cause to believe that the defendant acted maliciously and with specific intent to harass the complainant on account of her gender. The words and conduct were predicated on his belief that the complainant was biologically

male," Judges Michael F. Gadola and James Robert Redford said in their court opinion.

"While there is no binding authority stating the exact purpose of the ethnic intimidation statute, it can be gleaned from the language of the statute itself that it is intended to criminalize harassing and intimidating behavior when the behavior is based on a victim’s specific characteristics," Judge Deborah A. Servitto added in her opinion.

The court's ruling reverses the trial court’s order granting Rogers' motion to quash the ethnic intimidation charge. It now reinstates it. His charge will back to the lower courts for further proceedings consistent with the appeals court's ruling.