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.”
Wyoming
U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience
Nine felony grand jury indictments tied to Darin Smith dismissed last week
Republicans confirmed Darin Smith as U.S. Attorney for the District of Wyoming on Monday, regardless of his history as interim U.S. Attorney for Wyoming and a state senator.
While serving as interim U.S. Attorney for Wyoming — after being appointed by President Donald Trump last July despite never trying a case outside of his time as a law student intern — former state Sen. Darin Smith likely prejudiced jurors during grand jury proceedings.
Nine felony grand jury indictments tied to Smith’s tenure were dismissed last week.
Judges dismissed felony indictments against Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Matthew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon. The now-dismissed charges included felony firearm possession, drug distribution, and possession of child pornography, among other allegations.
Smith allegedly told the grand jury that the defendants were “bad guys,” described them as “murderers,” and said deliberations “won’t take long.”
Even the U.S. Attorney’s Office for the District of Wyoming acknowledged that Smith’s comments were “ill-advised.”
Smith has a history of aligning with Trump over the Constitution and supporting anti-LGBTQ legislation.
In 2025, Smith co-sponsored House Bill 0194, titled “Obscenity amendments,” which, among other provisions, would have criminalized drag shows. The bill also would have repealed exemptions for public and school librarians from the crime of “promoting obscenity” to minors. The wording of the bill was so vague that Republican state Rep. Lee Filer said, “We will end up having to arrest somebody for allowing a child to read the Holy Bible.”
Smith also co-sponsored SF0062, a bill requiring public school students to use restrooms, sex-designated changing facilities, and sleeping quarters that align with their sex assigned at birth. In March 2025, the Wyoming governor signed the bill into law, along with its House companion.
He also attended the Jan. 6 Capitol riot alongside thousands of other Trump supporters.
“Smith was on the Capitol grounds on Jan. 6 … and made the reprehensible claim … that the hundreds of Capitol Police officers who risked their lives that day were guilty of ‘massive incompetence.’ Smith blames the police for what happened on Jan. 6. Without evidence, he claimed that rioters who breached the Capitol were victims of entrapment,” U.S. Sen. Dick Durbin (D-Ill.) said. “Moreover, Smith is not remotely qualified to be a U.S. Attorney. He’s going to be in the package — take it or leave it. Prior to becoming the interim U.S. Attorney, he had no courtroom or litigation experience whatsoever. None. And Smith’s lack of experience has had real-world consequences.”
Prior to his work in the Wyoming state legislature, Smith worked as Director of Planned Giving for the Family Research Council, an organization that describes homosexuality as “harmful” to society with “negative physical and psychological health effects.”
The organization also believes that sexual orientation “should [not] be included as a protected category in nondiscrimination laws or policies, as it is not comparable to inborn, immutable characteristics such as race or sex.”
During questioning before the U.S. Senate, he denied that his work with the organization shows he has loss of impartiality when it comes to matters of LGBTQ rights.
Also questioning, Smith was asked about a now-deleted Facebook post in which he appeared to express support for Kim Davis, the Kentucky county clerk who was found to be unconstitutional in her refusal to issue same-sex marriage licenses, despite Obergefell v. Hodges.
“Perhaps Hillary and Obama can share the cell with Kim Davis for refusing to uphold the Defense of Marriage Act,” the post said.
When asked why he posted it, Smith told Durbin: “I do not recall.”
Josh Sorbe, spokesperson for the Senate Judiciary Committee Democrats and Durbin, said:
“Anti-LGBTQ+ extremist Darin Smith has no business serving as a top law enforcement officer in any state — let alone a state with as much history of queer importance as Wyoming. He’s an unqualified insurrectionist with no experience litigating criminal or federal matters, and his bigotry puts into serious question his commitment to upholding the law for all Americans.”
Human Rights Campaign Vice President of Government Affairs David Stacy also condemned Smith’s confirmation to the U.S. Attorney’s office.
“The justice system in America is supposed to be about ensuring the law is applied fairly and equally. But Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people, opposing marriage equality, cosponsoring state legislation targeting transgender youth, and smearing LGBTQ+ people in public statements,” Stacy said. “Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement. The Senate should reject Darin Smith and demand a nominee who will put the people — and justice — first.”
Vermont
Vt. lawmaker equates transgender identity with bestiality
Vermont Democrats condemned comments, demanded apology
State Sen. Steven Heffernan (R-Addison) equated transgender people to bestiality on the Vermont Senate floor on May 15 while debating an animal cruelty bill.
Heffernan, who was elected in 2024 to the state Senate, constructed a scenario in which a trans person is indistinguishable from someone committing bestiality.
“In these crazy times, what happens if the individual identifies as an animal having intercourse with an animal? How is the courts going to handle that?” the former member of the Vermont Air National Guard said while debating House Bill 578. “Being that we voted through Prop Four, and if it does make it through this state, and I have a gender identity that I identify as a dog and had sex with my dog, is this law going to affect me?”
State Sen. Tanya Vyhovsky (D-Chittenden Central), who presented H. 578 responded professionally.
“The bill that we are putting forward in the current law is quite clear that any act between a person and an animal that involves contact with the mouth, sex organ, or anus of the person, and the mouth, sex organ, or anus of the animal, without a bona fide veterinary purpose, will be a crime.”
In the video, Heffernan continued to ask inappropriate questions — questions that Vyhovsky answered.
“If I identify as that animal, will this be able to … It says a person. I’m not a person. I’m identifying as this animal I’m having intercourse with,” he said. “We are identifying genders, of whatever gender we decide we want to be, and I think I like this bill. I’m going to vote for this bill, but I want to make this chamber aware of what’s coming.”
Vyhovsky made a statement saying this was a planned move in an attempt to “other” trans Vermonters instead of protecting them.
“Senator Heffernan knew exactly what he was doing,” said Vyhovsky. “Sen. Heffernan is using the same dehumanizing playbook that has been used against LGBTQ+ people for generations — the false, ugly suggestion that queer and trans identity is synonymous with deviance and harm. It was wrong then and it is wrong now.”
This derogatory action at the expense of trans people appears to be part of a pattern of behavior from Heffernan in his official capacity.
In March, Heffernan left the floor right before lawmakers voted on Proposal 4, conveniently missing the bill vote. PR 4, if passed by the state’s voters in the fall, would amend the state constitution to enshrine protections against unjust treatment, including discrimination based on a “person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Heffernan told VTDigger at the time that he left because his stomach was feeling “agitated” and he needed to use the restroom. He said he had not made up his mind on how to vote on the amendment, largely because he’d heard from constituents urging him both to vote for and against it.
“My pizza hit at the right time, I guess,” he said, calling the timing “convenient.”
Despite his leaving — and being the only lawmaker to do so — the state Senate voted to pass it 29-0, with Heffernan marked “absent.” This came after the state House of Representatives voted to pass it 128-14 last week.
Vermont Senate Democrats condemned the statement and used the opportunity to emphasize the need for the state to pass PR 4 on Nov. 4.
“In the wake of Sen. Heffernan’s comments, the stakes of this election couldn’t be more clear,” the statement provided to the Washington Blade read. “Transgender and nonbinary Vermonters are our neighbors, our friends, and our family members. On Friday, Sen. Heffernan used his platform as an elected official representing the people of Vermont to dehumanize them. Senate Democrats will never stop fighting for dignity for all Vermonters. We demand Senator Heffernan apologize to those he has harmed with his words and actions.”
State Sen. Kesha Ram Hinsdale (D-Chittenden Southeast), speaking in her capacity as chair of the Senate Ethics Panel, responded to similar transphobic comments made by President Donald Trump in a White House counterterrorism strategy document last week, in which he said those with “extreme transgender ideologies” should know “we will find you and we will kill you,” stating:
“A lot of people are living in fear in this country because of what somebody with the power of the pen and the power of the military is saying every day,” Hinsdale said. “Just because [speech] is protected does not mean it is worthy of this institution, and does not mean it is worthy of the office we hold and the power that we wield in the lives of Vermonters.”
The Blade reached out to Heffernan for comment but has not heard back.
Former U.S. Rep. Barney Frank (D-Mass.) died on Tuesday. He was 86.
The Massachusetts Democrat served in the U.S. House of Representatives from 1981-2013. Frank in 1987 became the first member of Congress to voluntarily come out as gay.
The Washington Blade earlier this month interviewed Frank after he entered hospice care at his Ogunquit, Maine, home where he lived with his husband, Jim Ready, since 2013. The former congressman, among other things, talked about his new book, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”
The book is scheduled for release on Sept. 15.
NBC Boston reported Frank’s sister, Ann Lewis, and a close family friend confirmed his death.
The Blade will update this article.
Iran war causes condom shortage in India
U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience
Vt. lawmaker equates transgender identity with bestiality
Gay Men’s Chorus celebrates 45 years at annual gala
BREAKING NEWS: Barney Frank dies at 86
Disillusioned about democracy? Think of it as a community garden
Honey, have we been priced out of gay paradise?
IDAHOBiT a reminder we all must stand up against transphobia
PHOTOS: Blade Summer Kickoff Party
