LANSING, MI — The Michigan Supreme Court has bypassed the appellate court in agreeing to a Department of Civil Rights request to hear its appeal of a lower-court ruling that held the sex classification in the Elliott-Larsen Civil Rights Act does not encompass sexual orientation.
An order dated Friday, July 2, and released Saturday in Rouch World LLC v. Department of Civil Rights was the first time the new Democratic majority on the court aligned decisively, with a 4-3 party-line majority on whether to bypass the Court of Appeals and hear the appeal from the Court of Claims directly, according to Gongwer News Service.
Rouch World is a 300-acre park and wedding venue in Sturgis, according to the company’s website. Its owners declined to host a same-sex wedding ceremony because of their religious beliefs. They have filed a lawsuit against the Michigan Department of Civil Rights, arguing the state’s Elliott-Larsen Civil Rights Act doesn’t protect people from discrimination based on sexual orientation or gender identity.
The Supreme Court’s recent decision sets up a potentially landmark ruling that could fulfill the long-sought effort by LGBTQ people and supporters to extend the civil rights protections in the law to people who are gay, lesbian, bisexual or transgender. A December ruling from the Court of Claims held the act applies to gender identity, thus extending protections to transgender persons, but Judge Christopher Murray ruled the word “sex” did not cover discrimination based on someone’s sexual orientation.
The Supreme Court called for briefs to be filed by Oct. 25 with no extensions unless good cause is shown. The court also said oral arguments would take place with 20 minutes for each side.
The order also invited the following groups to file amicus briefs: The American Civil Liberties Union of Michigan, the American Civil Liberties Union, Affirmations LGBTQ+ Community Center, Equality Michigan, Freedom for All Americans, Human Rights Campaign, LGBT Detroit, National Center for Lesbian Rights, OutCenter of Southwest Michigan, OutFront Kalamazoo, Ruth Ellis Center, Southern Poverty Law Center, Stand With Trans and Trans Sistas of Color Project. It said other groups or persons may seek permission to file amicus briefs.
In the majority were Chief Justice Bridget McCormack, Justice Richard Bernstein, Justice Megan Cavanagh and Justice Elizabeth Welch.
Justice Elizabeth Clement dissented, citing the court’s rationale last year for denying bypass in the lawsuit against Gov. Gretchen Whitmer’s use of the Emergency Powers of the Governor Act to keep Michigan under a state of emergency.
“This was in the face of the fact that the case raised compelling questions that implicated the civil liberties of all Michiganders — just as this one does. We should deny this bypass application just like we denied that one,” Clement wrote.
Clement said just as was the case in the pandemic powers case, the department cannot show any substantial harm it would receive as a result of going through the ordinary appellate process.
Read more:
Lawmakers, Whitmer renew push to expand civil rights protections to Michigan’s LGBTQ residents
New ballot initiative would protect LGBT Michiganders from housing, employment discrimination
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