The Michigan Supreme Court has ruled that discrimination on the basis of sexual orientation and gender identity is discrimination because of sex prohibited by the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”). The 5-2 decision was issued on July 28, 2022, in the case of Rouch World, LLC, v. Department of Civil Rights.
The ELCRA recognizes as a civil right “[t]he opportunity to obtain employment, housing and other real estate, and the full and equal utilization of public accommodations, public service, and educational facilities without discrimination because of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status . . .” MCL 37.2102(1).
In 2018, the Michigan Civil Rights Commission (“MCRC”) issued Interpretive Statement 2018-1 as non-binding guidance to the public, opining that sex, as used in the ELCRA, included protections for individuals on the basis of sexual orientation and gender identity. This interpretation prompted the Michigan Department of Civil Rights (“MDCR”) to begin processing complaints of discrimination based on sexual orientation and gender identity. In 2020, Rouch World, a venue that refused to host the wedding of a same-sex couple, and Uprooted Electrolysis, a business that declined to provide hair-removal services to a transgender woman, both citing religious beliefs, jointly sued the MDCR in the Court of Claims, challenging the MDCR's adherence to Interpretive Statement 2018-1. The Court...
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