LANSING, Mich. — Michigan's Attorney General Dana Nessel will argue before the Michigan Supreme Court that the Elliott-Larsen Civil Rights Act of 1976 (ELCRA) prohibits discrimination because of an individual’s sexual orientation and gender identity.
The case stems from a Court of Claims' ruling that the ELCRA does not prohibit discrimination because of an individual's sexual orientation. The ruling by the court was in favor of two Michigan businesses, Rouch World LLC and Uprooted Electrolysis, who had complaints of discrimination filed against them.
In 2018, the Michigan Civil Rights Commission (MCRC) adopted an interpretive statement that the term "sex," as used in the ELCRA, included protections for individuals on the basis of sexual orientation and gender identity.
That adoption allowed the MCRC and the Michigan Department of Civil Rights (MDCR) to process discrimination complaints based on an individuals sexual orientation and gender identity.
Following the adoption, complaints were filed against Rouch World LLC and Uprooted Electrolysis for denying service to LGBTQ+ customers.
The two companies responded by filing a suit asking the Court to rule that the MDCR has no jurisdiction to investigate complaints based on sexual orientation or gender identity.
In 2020, Court of Claims Judge Christopher Murray ruled that the ELCRA does provides protections for gender identity but because of a previous ruling from 1993, it does not provide protections for sexual orientation.
In October of 2021, AG Nessel announced that she is challenging the ruling on behalf of the MDCR.
“No person in this State should experience barriers to employment, housing, education, or public accommodations and services because of who they are or who they love, and yet for decades—despite the ELCRA’s clear prohibitions to the contrary—LGBTQ+ individuals have wrongly encountered these barriers,” Nessel said.
The Michigan Supreme Court agreed to bypass appeals court and hear the case directly on a vote of 4-3. The Supreme Court set an argument date for Wednesday, March 2, at 9:30 a.m. The hearing can be streamed live here.
“The Michigan Civil Rights Commission got it right when they issued their 2018 interpretive statement, and their courage has led to this historic and consequential case before Michigan’s highest court.” MDCR Executive Director John E. Johnson Jr. said.
“We are confident Michigan’s Supreme Court will correctly interpret the language the Legislature used nearly 50 years ago and confirm the common-sense understanding that the phrase ‘because of ... sex’ in the Elliott-Larsen Civil Rights Act encompasses sexual orientation.”
AG Nessel, who is part of the LGBTQ+ community, noted that she would not only be the acting attorney general for the state but would also be representing the LGBTQ+ community in the hearing.
“It is not lost on me that in addition to representing our client agency before the Michigan Supreme Court, I will also be representing the LGBTQ+ community and their families in what could mark a historic and long overdue recognition of their protections from discrimination. In Michigan’s fight for civil rights, I look forward to presenting the State’s argument next week and remain focused on fighting for laws that properly reflect the diversity of our vibrant state and all who call Michigan home.”
Read the complete briefing of the case submitted in October of 2021 here.
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