A court ruling in Michigan has found it legal for businesses to refuse customers on the basis of their sexual orientation. Judge Christopher M. Murray ruled that bias against gays, lesbians, and bisexuals is not prohibited under the state’s 1974 Elliott-Larsen Civil Rights Act (ELCRA), which outlawed discrimination on the basis of characteristics such as race, sex and religion. However, Murray did find ELCRA protected trans and gender diverse people from service discrimination, on the basis ‘sex-based’ bias is illegal.
The ruling came after two cases of LGBTQ+ discrimination were presented to the court. One was the refusal of Rouch World, a park and wedding venue, to host the marriage of a same sex couple, and the other came after a trans woman was denied service at hair removal business. Dana Nessel, the state’s first openly lesbian attorney general, has vowed to overturn the ruling in the Michigan Court of Appeals. According to Michigan Live, Nessel said in a statement: “I respectfully disagree with the Michigan Court of Claims on its ruling in this case as it relates to sexual orientation.”
She continued: “Michigan courts have held that federal precedent is highly persuasive when determining the contours of the Elliott-Larsen Civil Rights Act, and federal courts across the country… have held that discrimination on the basis of sexual orientation is a form of sex discrimination…We intend to submit that all Michigan residents are entitled to protection under the law – regardless of their gender identity or sexual orientation – in our appeal to this decision”.
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