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.”
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.
The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.
The organization runs education, outreach, and advocacy programs, many focused on schools.
In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.
“I am grateful to everyone whose love and support for our work through the years has sustained me.
“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”
Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.
Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.
“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.
“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.
“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”
Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.”
Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.
The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.
According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.
The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.
Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:
“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.
“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”
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