The Michigan Supreme Court has decided that local businesses cannot fire employees or discriminate against customers because of sexual orientation, a victory that will support the fight for LGBTQ rights.
The high court ruled 5-2 that discrimination based on sexual orientation is not allowed under the state’s Elliot-Larsen Civil Rights Act.
Under this law, discrimination is expressly prohibited on the basis of sex in workplaces, housing, and places of public accomodation.
Michigan Supreme Court ruling on LGBTQ discrimination
The Supreme Court had ruled against two Michigan companies that were accused of discrimination: Rouch World LLC, an event center in Sturgis, and UpRooted Electrolysis in Gwinn.
Previously, the Michigan Civil Rights Commission had authorized the Department of Civil Rights to look into complaints of discrimination against gay or transgender residents based on sexual orientation or gender identity.
Because of this, the state had investigated Rouch World for refusing to host a same-sex wedding ceremony, and UpRooted for refusing to perform hair removal services for a transgender woman undergoing physical transition.
In response, the two companies sued the state, citing “sincerely held religious beliefs” and said the commission had usurped legislative authority for reinterpreting an existing law to protect LGBTQ residents.
Justice Beth Clement, a Republican nominee, wrote in the majority opinion, stating that: “Discrimination on the basis of sexual orientation necessarily constitutes discrimination because of sex.”
Clement, who was joined by four Democratic nominees in issuing the ruling, added: “Should the Legislature disapprove of an application of a statute’s enacted language, the Legislature remains free to amend the statute.”
“This Court, however, is bound by the language that the Legislature has enacted,” she declared.
Responses to the ruling to protect LGBTQ rights
With this decision, experts say this will reinforce prior rulings prohibiting gender identity discrimination. It will also encourage gay and transgender Michiganders to act in defense of their civil rights.
Jay Kaplan, LGBTQ project staff attorney for the American Civil Liberties Union, said that this ruling “makes Michigan a state with one of the strongest, most expansive civil rights laws in the country.”
Erin Knott, executive director of Equality Michigan, an LGBTQ political advocacy group, said, “Freedom of religion does not equal freedom to discriminate against LGBTQ people here in Michigan.”
Meanwhile, Attorney General Dana Nessel, a Democrat, said: “This ruling is not only a victory for the LGBTQ+ community, but for all Michigan residents, and one that’s long overdue.”
On the Republican side, Senate Majority Leader Mike Shirkey (R-Clarklake) said that “while concerned about some aspects of the ruling, I respect its decision.”
Dissenting Republican nominated Justice Brian Zahra said, “This Court’s duty is to say what the law is, not what it thinks the law ought to be. But this is exactly what a majority of this Court has done here.”
Dissenting Justice David Viviano also argued that, “This departs from the normal principle that courts will first consider whether an interpretation raises grave constitutional doubts before adopting that interpretation.”
The road leading to the Michigan Supreme Court
Viviano’s declaration stems from the fact that initially, Michigan Court of Claims Judge Christopher Murray had dismissed the sexual orientation case, citing a prior state court ruling.
With federal courts extending workplace protections, the Michigan high court had agreed to take up the Rouch World Case even to the extent of bypassing the Court of Appeals.
Nessel had also personally argued the case in March and called on the high court to protect gay residents from discrimination.
This ruling applies to smaller Michigan companies that are not subject to federal workplace laws. This will also extend to protections in the areas of public accommodation and housing.
Human Rights Campaign Michigan State Director Amritha Venkataraman said in a statement: “The Michigan Supreme Court ruled not only in favor of equality, but they ruled in favor of human decency and rightful progress.”