This past week, the Michigan House lawmakers voted in favor of expanding protections under the Michigan Elliott-Larsen Civil Rights Act (Civil Rights Act) to include sexual orientation and gender identity. Gov. Gretchen Whitmer’s signature is expected. Under the current law passed in 1976, the Civil Rights Act includes the following protections:
- Religion
- Race and Color
- National Origin
- Age
- Sex
- Height
- Weight
- Familial status
- Marital status
If the Governor signs the bill, as expected, the protections will include sexual orientation, gender identity or expression. Under the bill, “gender identify or expression” means having or being perceived as having a gender-related self-identify or expression whether or not associated with an individual’s assigned sex at birth.
The Civil Rights Act protects individuals with regard to employment, in public accommodations (such as businesses and transportation), educational institutions, and housing. The Civil Rights Act also protects individuals from retaliation.
On July 28, 2022, the Michigan Supreme Court found that sexual orientation is protected under the Civil Rights Act in Rouch World, LLC v Dep’t of Civil Rights. The case involved a same-sex couple that was denied a request to host their wedding at a facility. The Court held discrimination based on sexual orientation constitutes discrimination because of sex. The bill provides further guarantees that individuals in Michigan will be protected from discrimination based on sexual orientation or gender identity.
The expansion under the Civil Rights Act to include sexual orientation and gender identify will provide needed protections to a historically marginalized group of individuals who deserve to be treated equitably and with decency. It is a victory for all in Michigan when individuals are provided equal opportunities in this state.
Julie A. Gafkay is a civil rights attorney with an office in Saginaw for the past 20 years. She attained her law degree from Whittier Law School in 1995 and her undergraduate degree from James Madison College at Michigan State University in 1992. She is a past president of the Saginaw County Bar and Women Lawyers Association of Michigan. In 2019, she was awarded the Champion of Justice award from the State Bar of Michigan.
