National
Mich. court rules anti-trans discrimination is illegal, but not anti-gay discrimination
State AG, a lesbian, vows to appeal decision
A judge in Michigan has determined state civil rights law prohibits businesses from discriminating against customers for being transgender, but not on the basis of sexual orientation — a decision the state’s top lawyer on Thursday has vowed to appeal.
In a seven-page decision, Judge Christopher Murray this week ruled case law in Michigan makes clear anti-gay discrimination isn’t covered under the Elliot-Larsen Civil Rights Act, but with no clear precedent on anti-transgender discrimination, the state must defer to U.S. legal jurisprudence.
Although the Michigan Civil Rights Commission has determined anti-LGBTQ discrimination is a form of sex discrimination under state law, Murray reverses the panel with respect to anti-gay and anti-bi discrimination, citing Barbour v. Department of Social Services, a decision from the Michigan Court of Appeals in 1993.
“With respect to whether sexual orientation falls within the meaning of ‘sex’ under the ELCRA, the Court of Appeals has already concluded that it does not,” Murray writes. “Being a decision published after Nov. 1, 1990, Barbour is binding on this court…and must be followed.”
Murray recognizes the U.S. Supreme Court’s landmark decision this year in Bostock v. Clayton County, which found anti-LGBTQ discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964. However, Murray concludes whether or not that ruling has implications for state law with regard to anti-gay discrimination is “a matter for the Court of Appeals, not this court.”
But with respect to anti-transgender discrimination, Murray reaches a different conclusion and finds “no guiding decision exists on the meaning of a provision within the ELCRA,” therefore he must defer to federal law and the Bostock ruling.
“Following the Bostock Court’s rationale, if defendants determine that a person treated someone who ‘identifies’ with a gender different than the gender that he or she was born as, then that is dissimilar treatment on the basis of sex, and they are entitled to redress that violation through the existing MDCR procedures,” Murray writes. “Nothing in the ELCRA would preclude that action.”
Murray takes note the companies asked him to declare enforcing the Elliot-Larsen Civil Rights Act to prohibit anti-LGBTQ discrimination would be inconsistent with freedom of religion under both the U.S. and Michigan Constitutions, but he declines to make that finding on the basis that the issue “has not been sufficiently briefed to resolve at this juncture.”
Michigan Attorney General Dana Nessel, a lesbian, vowed in a statement on Thursday she would appeal the decision to the Michigan Court of Appeals.
“I respectfully disagree with the Michigan Court of Claims on its ruling in this case as it relates to sexual orientation,” Nessel said. “Michigan courts have held that federal precedent is highly persuasive when determining the contours of the Elliott-Larsen Civil Rights Act, and federal courts across the country – including the U.S. Supreme Court in Bostock v Clayton County – have held that discrimination on the basis of sexual orientation is a form of sex discrimination.”
Nessel added she intends to argue on behalf of the Michigan Department of Civil Rights “all Michigan residents are entitled to protection under the law – regardless of their gender identity or sexual orientation – in our appeal to this decision.”
Plaintiffs in the lawsuit – Rouch World, which operates wedding venues in Southern Michigan and Uprooted Electrolysis in Marquette – are businesses denied services based on religious grounds to customers who were either a same-sex couple or an individual was transitioning their gender identity.
Rouch World declined to host a same-sex wedding in 2019 and Uprooted Electrolysis refused service to a transgender woman. Both companies civil rights faced complaints in state court for anti-LGBTQ discrimination.
Stacie Clayton, chair of the Michigan Civil Rights Commission, said in a statement the commission “welcomes” Nessel’s decision to appeal the ruling.
“We are encouraged that the Michigan Court of Claims has ruled the word ‘sex’ in ELCRA encompasses gender identity, but we will continue to argue that the U.S. Supreme Court was right to conclude, as did the Michigan Civil Rights Commission, that ‘sex’ in this context is also inclusive of sexual orientation,” Clayton said. “We are confident that Michigan’s appellate courts will do the same.”
Federal law would be no help to LGBTQ people in Michigan who face discrimination from business as customers. Although the Bostock applies to every federal law that bars sex discrimination, no federal law bars discrimination on the basis of sex in public accommodation, so the ruling doesn’t apply to businesses in this context.
The Equality Act, legislation to expand the prohibition on anti-LGBTQ discrimination under federal civil rights law, would make anti-LGBTQ and sex discrimination in public accommodations illegal and expand the definition of public accommodations under federal law to include retail stores, banks, transportation services and health care services.
h/t LGBTQ Nation
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.
The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
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