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Michigan Supreme Court rules existing law bans anti-LGBTQ discrimination

Governor, other state officials praised 5-2 decision

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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.”

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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

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The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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