Dana Nessel, attorney general, state of Michigan
MARQUETTE — The Michigan Supreme Court on Thursday sided with Attorney General Dana Nessel and affirmed that the Elliott-Larsen Civil Rights Act prohibits discrimination on the basis of an individual’s sexual orientation.
The court, in a 5-2 opinion, said the word “sex” in Michigan’s key civil rights law applies to more than gender.
Nessel issued the following statement in response to the ruling from the court:
“Now, more than ever, it is critical that those of us elected to public office work to preserve and protect the rights of all residents,” said Nessel, who noted that the Thursday ruling confirms “what we have long known — that the protections afforded by the ELCRA cover all Michiganders.”
She added, “It is also important to recognize that the rights of Michigan’s LGBTQ+ community are based on precedent from court decisions. And while we were once a nation that respected the value of legal precedent to help preserve our rights, that may no longer be the case. Now is the time to enshrine our rights in law to ensure no person in this state ever experiences barriers to employment, housing, education or public accommodations and services because of who they are or whom they love.
“Our residents deserve to live in a state that recognizes the value of diversity and rejects the notion that our own civil rights law could be used as a tool of discrimination. This ruling is not only a victory for the LGBTQ+ community, but for all Michigan residents, and one that’s long overdue.”
The lawsuit, Rouch World LLC et al. vs. Michigan Department of Civil Rights et al., was brought by businesses that denied services to customers who were either a same-sex couple or an individual who was transitioning their gender identity. In October, on behalf of the Michigan Department of Civil Rights and the director of the MDCR, Nessel filed a bypass application in the Michigan Supreme Court. The justices agreed the case warranted immediate review and Nessel argued before the court on March 2.
In 2019, Rouch World, an event center in downstate Sturgis, declined to host a same-sex wedding, saying it conflicted with the owner’s religious beliefs. That same year, a hair-removal business, Uprooted Electrolysis LLC, that was located in Marquette but relocated to Gwinn, declined to serve a transgender woman.
In a Thursday statement, Gov. Gretchen Whitmer said, “The Michigan Supreme Court has ruled decisively to confirm that our state’s civil rights laws protect our LGBTQ+ community. This is a monumental victory that ensures our LGBTQ+ community is seen equally by state law and protected by it.
“As a mom, a governor and proud ally of the community, I am so grateful for this ruling. It will save lives, protect families, and help ensure that every Michigander is treated with dignity and respect by law.
“For too long, LGBTQ+ Michiganders had been left out of our state’s civil rights protections. No longer. Because of this ruling, nobody can legally be fired from their job or evicted from their home because of who they love.”
Erin Knott, executive director of Equality Michigan, also issued a statement.
“Today’s Michigan Supreme Court ruling is an extraordinary win for LGTBQ+ Michiganders and our families, friends and allies. Michigan continues to prove that the LGBTQ+ community deserves to be treated fairly and equally. While we are grateful for today’s ruling, and we have the support of Gov. Whitmer on our side, the fight does not stop there,” Knott said. “As we are all too familiar, the court’s ruling does not guarantee our rights, and an official change in legislation to the Elliott-Larsen Civil Rights Act to include ‘sexual orientation’ and ‘gender identity and expression’ is still imperative.
“Equality Michigan will continue to lead this fight and call on the Michigan Legislature to follow Gov.Whitmer’s lead, and officially amend Michigan’s Elliott-Larsen Civil Rights Act, but today, we can celebrate this win.”
Christie Mastric can be reached at 906-228-2500, ext. 250. Her email address is cbleck@miningjournal.net.
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