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MI Senate passes bill to include LGBTQ community in state's anti-discrimination protections

Senate Bill 4 would amend the state's Elliott-Larsen Civil Rights Act to include sexual orientation, gender identity and expression as protected classes.

LANSING, Mich — Michigan state senators on March 1 passed legislation to codify protections for the LGBTQ community into the state's civil rights law.

Under the proposed changes, discrimination on the basis of sexual orientation, gender identity and expression would be barred under the state's Elliott-Larsen Civil Rights Act in areas including employment, housing, education and public accommodations.

"This is a chance for gay, trans, bisexual Michiganders to seek justice when they are faced with hardships that prevent them from obtaining secure housing and secure employment here in the state of Michigan," said the bill's sponsor Sen. Jeremy Moss (D-Southfield).

During the summer of 2022, the Michigan Supreme Court ruled that the current language of Elliott-Larsen does include protections for the LGBTQ community.

Moss said, however, that he and his colleagues believe it is important to codify these protections so that a future Supreme Court would not be able to overturn that ruling.

"So, here in the state of Michigan, we have one [Michigan] Supreme Court interpretation that [Elliott-Larsen] protects us," Moss said. "But we leave it up to the whims and opinions of those in the future who may not hold that position. And so, we need to be clear and explicit in the law that yes, indeed, sexual orientation and gender identity are protected classes."

The bill passed with bipartisan support, acquiring votes from all 20 Democrats in the chamber and three Republicans: Sens. Ruth Johnson (R-Holly), Joseph Bellino Jr. (R-Monroe) and Michael Webber (R-Rochester Hills).

Opponents of the bill, however, called into question the impact they believe the changes could have on religious freedoms in the state.

"The unavoidable divide here is that implementing this bill before us would inherently infringe on the free exercise of religion," said Sen. Thomas Albert (R-Lowell).

Supporters rejected the argument on Wednesday, saying the changes would not interfere with protections for religion already written into the act.

In Grand Rapids, a city recognized for its welcoming stance toward the LGBTQ community, local advocates celebrated the bill's passage through the Senate as a much-needed first step.

"We are deserving of the same dignities and that no one should be discriminated against for their orientation, their gender identity, or how they present themselves," said Grand Rapids Pride Center Executive Director Jazz McKinney.

Even with the bill's movement, however, McKinney believes there's still more work ahead to ensure local residents are fully protected and respected.

"I mean, there's definitely more to be done - especially because there's still a difference between policy versus practice," McKinney said.

"So, I really would love to see more folks be educated about the community, getting more training about the community and, you know, just treating people with dignity and respect."

The bill now moves onto the House of Representatives where it is expected to pass before moving on to Governor Gretchen Whitmer's desk.

The governor has indicated that, if it passes the legislature, she intends to sign the bill into law.

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