Michigan Adds LGBTQ Protections to Civil Rights Department
July 11th, 2018
A Michigan civil rights commission recently decided that discrimination based on gender identity or sexual orientation are included in sex discrimination.
A Michigan state commission recently determined that protections against discrimination based on gender identity or sexual orientation are included in Michigan’s current ban on sex discrimination. This recent decision came after a 5-0 vote by the Michigan Civil Rights Commission approving this interpretation of the Elliott-Larsen Civil Rights Act. As a result of this decision, the Michigan Department of Civil Rights will begin to take complaints regarding gender or sexual orientation-based discrimination.
What is the Elliott-Larsen Civil Rights Act?
This recent decision involves a new interpretation of the Elliott-Larsen Act (or, Public Act 453 of 1976). The Act was created to prohibit discrimination in the state of Michigan on the basis of a person’s age, color, familial status, height, marital status, national origin, race, religion, sex, and weight in areas like education, employment, and housing. While the Act has been revised approximately 20 times, this is the first time that the Act has been revised to include protections for individuals who identify as LGBTQ.
How the Decision to Make this Change Arose
This decision was not the first occasion on which the Michigan Department of Civil Rights considered incorporating LGBTQ discrimination in such a way. In 2017, commissioners held two meetings on the same subject but got delayed in making such a statement when the Attorney General’s office argued that they lacked the legal authority to make such a determination.
The decision to issue a statement about the commission’s interpretation of this act was first requested by the Equality Michigan group in 2017. The idea for an interpretive statement was suggested again after the 6th Circuit Court of Appeals ruled in favor of a transgender woman who claimed that she was illegally removed from her position at a funeral home while transitioning between sexes.
Criticism of Michigan’s Decision
Not everyone has supported this change in Michigan’s Civil Right Department. A conservative group including 10 Republican lawmakers greatly opposed this decision. Groups have opposed the decision to issue an interpretive statement by arguing that this decision makes it even more clear that are not any absolute answers about how the law can be applied.
The Importance of Michigan’s Decision
This decision makes Michigan the first state that does not have explicit protections set in law to interpret sex discrimination in such a way. It remains to be seen if the decision will influence other states to make similar interpretive decisions regarding sex discrimination. If nothing else, this decision marks a significant step forward in the rights of LGBTQ individuals in the state.
Each week, the Universal Life Church’s blog aims to inform readers of the many developments in the field of LGBTQ rights. Understanding the changes often involves analysis of complicated areas of law including how federal and state statutes apply to issues concerning one’s gender identification and sexual orientation.
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