Detroit MI – (PTG) Transgender people are protected under Michigan’s ethnic intimidation law, the Court of Appeals unanimously ruled Thursday.

As first reported by Michigan Live, the state ethnic intimidation law makes it a felony, punishable by up to two years in prison, to assault or damage the property of someone based on their “race, color, religion, gender or national origin.

This came after the Michigan Supreme Court intervened in a case by a trial judge who ruled that a transgender woman who was shot as an assailant hurled homophobic slurs at her was not covered under ‘gender’ as cisgender women are. The case was subsequently remanded to the Third Court of appeals for a final ruling.

The Wayne County Court of Appeals took up the case and issued the ruling pointing to the Supreme Court Ruling in Bostock v Clayton Co, which found gay and transgender people are covered by virtue of their gender expression under Title VII of the Civil Rights Act of1964

This case arises out of an altercation between a transgender woman and Deonton A. Rogers, 29 on the night of July 23, 2018, when he shot a transgender woman in a Detroit Gas Station.

The complainant is a transgender woman, the defendant, Deonton A. Rogers, is a cisgender male.

On the night of the incident, the complainant went to a gas station in Detroit to make a purchase. When she arrived at the gas station, she saw the defendant inside the gas station with a cisgender woman. The complainant got in line, and the defendant began talking to her, using derogatory terms. According to the complainant, the defendant made various offensive statements to her, including, “[Y]ou’re a nigga.” and “You’re a man”.

The complainant tried to ignore the defendant, but he continued to make derogatory remarks, which the complainant described as “gay” in nature and included calling her a man and asking to see her penis. Defendant then pulled out a gun and threatened to kill her.

The complainant testified that she feared that defendant would turn around and shoot her before leaving the gas station. Reacting to the threat from the defendant, she grabbed at defendant’s hand as he came near her in an attempt to get the gun away from him. A struggle between the two ensued, during which the complainant never had control of the gun. During this struggle, the defendant kept his finger on the trigger. At some point during the struggle, the gun fired into the complainant’s left shoulder. The complainant was then able to grab the gun from the defendant. The woman with the defendant took the gun from the complainant and moved toward the exit. Defendant then ran to the gas station exit, whereupon the woman with the defendant gave him back the gun.

Defendant then got into his car, and the child followed him out, climbing into the defendant’s car with him. The complainant was taken to the hospital, where she spent several days being treated for a shattered shoulder, including undergoing surgery.

The post MI Court Rules Trans People Are Covered by the Ethnic Intimidation law appeared first on Planet Trans.