GRAND RAPIDS, Mich. — This week, a Michigan Court of Claims judge ruled a business can deny service to LGBTQ customers based on religious reasons. The case was one of two issues brought before the judge. It centered around a wedding business denying working with a same-sex couple for religious reasons. The judge ruled the Elliott-Larsen Civil Rights Act (ELCRA) did not include discrimination against sexual orientation.
Attorney General Dana Nessel vowed to appeal the decision, saying in a statement, "I respectfully disagree with the Michigan Court of Claims on its ruling in this case as it relates to sexual orientation. Michigan courts have held that federal precedent is highly persuasive when determining the contours of the Elliott-Larsen Civil Rights Act, and federal courts across the country – including the U.S. Supreme Court in Bostock v Clayton Co – have held that discrimination on the basis of sexual orientation is a form of sex discrimination. We intend to submit that all Michigan residents are entitled to protection under the law – regardless of their gender identity or sexual orientation – in our appeal to this decision.”
The ELCRA prohibits discrimination with employment, housing, and access to public service based on "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status."
The interim director for the Grand Rapids Pride Center, Jazz McKinney, called the decision "frustrating."
"This is a fight we've been fighting for a long time," said McKinney, "It just continues the same narrative that we're less than. And that, for some reason, other people feel like they can determine who is okay to be discriminated against."
McKinney said the fact the discussion revolves around who can be discriminated against is itself the problem.
However, the court ruling this week did also rule the word "sex" in the ELCRA included gender identity. Nessel commended this part of the court's decision. Equality Michigan's Executive Director, Erin Knott, called it a "win for equality." Knott gave a statement saying:
"Judge Murray's ruling is an important, if incremental, win for equality. The Michigan Court of Claims held in Rouch World LLC v Michigan Department of Civil Rights that the Elliott-Larsen Civil Rights Act's prohibition on sex discrimination encompasses discrimination based on gender identity.
It should be noted that Judge Murray was bound by the Court of Appeals decision in Barbour v Dep't of Social Services, concluding that sexual orientation discrimination was *not* encompassed by the Elliott-Larsen Civil Rights Act. However, Barbour was decided before the June 2020 landmark U.S. Supreme Court’s Bostock decision, which should be overturned by the Court of Appeals when Attorney General Dana Nessel appeals.
Equality Michigan continues to call upon the legislature to pass a LGBTQ+ law that ensures all Michiganders, regardless of their sexual orientation, gender identity or expression, are explicitly protected by the state's civil rights law."
Jeffrey Sorenson, the Director of Out On the Lakeshore, echoed Equality Michigan's sentiments that more needs to be done at a state level for equality.
"We recently had Holland's non-discrimination ordinance passed," said Sorenson, "And Out On the Lakeshore was a huge part in the advocacy surrounding that. So of course, at the state level, that's kind of the next thing where we want to make sure that people can't be discriminated against outside of Holland as well."
Both McKinney and Sorenson said they would like to see some sort of anti-discrimination law at the federal level, but are hesitant to believe it possible. Rather, they urged Michiganders to encourage their representatives to push for bills in the state.
"We're fortunate enough that we did have the June Supreme Court case that says that LGBTQ people are protected in employment," said Sorenson, "But that only covers employment. So we recently had in Holland, other communities can follow suit and start making those protections happen at the local level. If enough areas start doing that, it helps to influence the state level."
McKinney also encouraged members of the LGBTQ community to reach out for help if they are struggling mentally with discrimination and other factors from this year.
"Whatever support looks like," said McKinney, "For us at the Pride Center, we offer support groups for LGBTQ folk, from 12-years-old on up. We have varying levels of support groups. So definitely reach out to us, we're on Facebook as well. Get support, take care of yourself, stay safe, and just know that the fight will continue."
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