LANSING — The Michigan Supreme Court could soon decide whether the state’s civil-rights law guarantees broad anti-discrimination protections for gay and transgender residents.
In a rare move, Democratic Attorney General Dana Nessel personally appeared before the court Wednesday to defend the Michigan Civil Rights Commission, which in 2018 issued an interpretive statement holding that the state’s Elliot-Larsen Civil Rights Act of 1976 protects gay and transgender residents from discrimination because it prohibits sex-based bias.
At issue is whether the existing law that prohibits discrimination based on "sex" also applies to sexual orientation.
"We are a better and stronger state when everyone is included under the protection of the law," Nessel told reporters after the hearing.
Two Michigan companies accused of discrimination have sued the state, citing "sincerely held religious beliefs" while arguing the Civil Rights Commission usurped legislative authority by reinterpreting existing law to protect groups not actually written into the statute.
Michigan’s Republican-led Legislature has resisted calls to expand protections, but only lawmakers or voters can rewrite laws, say attorneys representing the firms.
"It violates every foundational principle of this country to enact such a sweeping change to (the civil-rights act) without allowing all citizens in Michigan to have their voices heard, either at the ballot box or through their duly elected representatives," they wrote...
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