Senate Passes “License to Bully” Legislation
Michigan’s Controversial Anti-Bullying Bill with Religious Exemption
This article documents the controversial 2011 passage of Michigan’s anti-bullying legislation, known by critics as the “License to Bully” bill due to a religious exemption clause. The bill sparked national outrage and was later amended.
In November 2011, the Michigan State Senate passed what was supposed to be a law protecting students from bullying. Instead, the legislation became a national flashpoint when Republicans inserted language that critics said would allow bullying based on religious or moral beliefs — effectively giving legal cover to harassment of LGBTQ students.
Matt’s Safe School Law
The bill was named after Matt Epling, a 14-year-old from East Lansing who died by suicide in 2002 after being hazed by older students. His father, Kevin Epling, had spent nearly a decade advocating for comprehensive anti-bullying legislation in Michigan.
The Controversial Exemption
The Senate version of the bill included language that was not in the House-passed version:
The Religious Exemption Clause
“This section does not prohibit a statement of a sincerely held religious belief or moral conviction of a school employee, school volunteer, pupil, or a pupil’s parent or guardian.”
Critics argued this language created a massive loophole that would protect bullying if the bully claimed religious motivation — particularly targeting LGBTQ students.
National Outrage
The bill immediately drew national attention and condemnation:
The Political Divide
The exemption exposed deep divisions over religious liberty, LGBTQ rights, and school safety:
Arguments For the Exemption
- Protects students’ First Amendment rights to express religious beliefs
- Prevents schools from punishing students for sincerely held convictions
- Distinguishes between harassment and protected speech
Arguments Against the Exemption
- Creates loophole allowing religious-based harassment of LGBTQ students
- Undermines the entire purpose of anti-bullying legislation
- No other state’s anti-bullying law had such an exemption
- Disrespects the memory of Matt Epling and other bullying victims
Senator Gretchen Whitmer’s Response
Democratic Senator Gretchen Whitmer (who would later become Michigan’s governor) delivered an emotional speech on the Senate floor that went viral:
The Final Law
After the public outcry, the legislature removed the religious exemption. The final Matt’s Safe School Law included:
- Definition of bullying including harassment, intimidation, and cyberbullying
- Requirement that all schools adopt anti-bullying policies
- Procedures for reporting and investigating bullying
- Protection for students who report bullying
- No religious or moral exemption
Impact on LGBTQ Students
The controversy highlighted the particular vulnerability of LGBTQ students to bullying:
Advocates argued that any anti-bullying law with religious exemptions would primarily harm LGBTQ students, who are often targeted with harassment framed as moral or religious objection to their identity.
Lessons and Legacy
The “License to Bully” controversy became a cautionary tale about how legislative language matters:
- National Template: The controversy helped other states avoid similar exemptions in their anti-bullying laws
- Advocacy Power: Public outcry forced rapid legislative change
- Ongoing Debate: The tension between religious liberty and anti-discrimination protections continues in various contexts
Resources
If you or someone you know is being bullied, contact StopBullying.gov or the Crisis Text Line by texting HOME to 741741.