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Michigan Democrats’ Pronoun Bill Raises First Amendment Concerns

Holland McKinnie
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The Michigan House of Representatives, in a measure recently passed by the Democrat majority, is championing legislation that could result in individuals being slapped with a fine of up to $10,000 or a prison sentence for what some critics argue constitutes an egregious violation of First Amendment rights. House Bill 4474, if passed into law, threatens to criminalize the intentional use of an ”unpreferred” gender pronoun, deeming it an act of “intimidation.”

The proposed legislation emerged as part of a series of bills intended to replace Michigan’s Ethnic Intimidation Act. The replacement aims to extend protection to individuals based on their gender identity and orientation. According to the bill, an act of intimidation involves “willful conduct involving repeated or continuing harassment of another individual that would cause a reasonable individual to feel terrorized, frightened, or threatened, and that actually causes the victim to feel terrorized, frightened, or threatened.”

Critics argue that this legislation is dangerously broad. They warn that it could potentially criminalize any individual who makes someone else merely “feel” intimidated. Critics also point out that this law could be weaponized against conservative viewpoints, particularly those critical of recent societal shifts in the understanding and acceptance of gender issues.

Among the critics is Michigan state Rep. Angela Rigas (R), who expressed concerns about the potential implications of this legislation. Rigas stated, “This opens up numerous issues regarding the courts and the continued weaponization of the system against conservatives.” She also pointed to similar concerns with past legislation regarding “conversion therapy.” She suggested, “It seems Dems want to be in the business of telling people how to think.”

Distinguished Professor Emeritus William Wagner echoed these concerns, stating, “Make no mistake about it. Those advocating for this legislation will wield these policies as a weapon capable of destroying conservative expression or viewpoints grounded in the sacred.”

The bill passed the Michigan House by a 59-50 vote and is now headed for the Democrat-controlled Senate. If approved, it will proceed to Gov. Gretchen Whitmer (D), who is widely expected to sign it into law.

While the bill’s supporters argue it’s a crucial step in ensuring equal rights and protections for all individuals, critics fear it marks another move toward stifling free speech and promoting a particular ideological agenda. They point to a worrying trend where First Amendment rights are seen as secondary to a political agenda promoting a specific worldview, often at the expense of healthy and balanced discourse.

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As this bill makes its way through Michigan’s legislature, the nation watches on. Its outcome could have far-reaching implications for First Amendment rights and the broader societal conversation about gender and identity. 

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