National
Michigan Supreme Court rules existing law bans anti-LGBTQ discrimination
Governor, other state officials praised 5-2 decision
In a 5-2 decision on Thursday, the Michigan Supreme Court ruled in Rouch World, LLC v Department of Civil Rights that the state’s 1976 Elliott-Larsen Civil Rights Act bans discrimination on the basis of sexual orientation and gender identity.
The case, brought by the Michigan companies Rouch World and Uprooted Electrolysis, sought to challenge the state’s Civil Rights Commission for its interpretation of the law that classified sexual orientation and gender identity as protected classes. The lawsuit came in the wake of the companies’ refusal to serve transgender customers and those in same-sex relationships, prompting customer complaints that resulted in Civil Rights Commission investigations.
Given the arguments of the case, the court was asked to determine whether the law’s inclusion of the word “sex” as a protected category applied to instances of discrimination against members of the LGBTQ community.
Republican Justice Elizabeth Clement joined Democratic Justices Richard Bernstein, Megan Cavanagh and Elizabeth Welch — as well as Democratic Chief Justice Bridget McCormack — in the majority opinion.
“Discrimination on the basis of sexual orientation necessarily constitutes discrimination because of sex,” Clement wrote in the court’s majority opinion. “Accordingly, the denial of ‘the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation or public service’ on the basis of sexual orientation constitutes discrimination ‘because of … sex’ and, therefore, constitutes a violation of the [Elliott-Larsen Civil Rights Act] under MCL 37.2302(a).”
In his dissent alongside fellow Republican Justice David Viviano, Brian Zahra asserted his belief that the court had overreached in its ruling.
“This court’s function is to interpret and apply the laws that the Legislature writes,” Zahra wrote. “That is not what the majority opinion has done.”
While the ruling was not at odds with his own views on the matter, Zahra wrote, the court’s mandate was not observed by its majority in the case.
“Though I take no issue with today’s outcome, because I do not recognize the manner in which it has been achieved by the majority opinion to be faithful to the judicial role, I dissent,” Zahra wrote.
Similar arguments of overreach were made by the plaintiffs in the case who argued that the state legislature, not the Civil Rights Commission, held sole power to expand the law.
“The Legislature has declined to add ‘sexual orientation’ numerous times over the nearly 50 years since the [Elliott-Larsen Civil Rights Act] was enacted by the Legislature,” the plaintiff companies wrote in their case brief last November. “Further, the Legislature explicitly rejected adding ‘sexual orientation’ to the [Elliott-Larsen Civil Rights Act]. The unelected [Michigan Civil Rights Commission] is not the Legislature and is not politically accountable to the people.”
Previous, bipartisan efforts have been made by state lawmakers to codify sexual orientation and gender identity as protected classes under the law. Such efforts, however, have failed to gain requisite traction in the state’s Republican-controlled legislature.
In writing the majority opinion, Cavanagh rejected such narratives as pertinent to the duty of the court.
“Should the Legislature disapprove of an application of a statute’s enacted language, the Legislature remains free to amend the statute,” Cavanagh wrote. “This court, however, is bound by the language that the Legislature has enacted, not what the parties or amici believe the Legislature should have enacted or what any individual representative believed was enacted.”
Following its announcement Thursday afternoon, LGBTQ advocates in the state heralded the decision as a victory for equality in the state.
Michigan Attorney General Dana Nessel, who had argued the case before the court in conjunction with entities including the American Civil Liberties Union, released a statement following the ruling.
“Now, more than ever, it is critical that those of us elected to public office work to preserve and protect the rights of all residents,” Nessel said. “Today’s ruling confirms what we have long known — that the protections afforded by the [Elliott-Larsen Civil Rights Act] cover all Michiganders.”
The decision garnered similar praise from other top state officials, including Gov. Gretchen Whitmer and Lt. Gov. Garlin Gilchrist.
“As a mom, a governor, and proud ally of the community, I am so grateful for this ruling,” Whitmer said in a statement. “It will save lives, protect families, and help ensure that every Michigander is treated with dignity and respect by law.”
With the court’s expansion of the law’s protections, members of Michigan’s LGBTQ community are now shielded from discrimination in all areas outlined in the law’s language.
Such includes protection in sectors including employment, housing, education and public accommodations.
“For too long, LGBTQ+ Michiganders had been left out of our state’s civil rights protections,” Whitmer said. “No longer. Because of this ruling, nobody can legally be fired from their job or evicted from their home because of who they love.”
National
Advocacy groups issue US travel advisory ahead of World Cup
Renee Good’s death in Minneapolis among incidents cited
More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.
The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.
“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23. “The impacts of these policies vary by locality.”
“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”
The advisory specifically mentions Renee Good.
A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.
The full advisory can be read here.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
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