When current Michigan Supreme Court Chief Justice Bridget Mary McCormack campaigned for reelection last year, she said she wouldn’t consider it a win unless newcomer Elizabeth Welch won, too. The double victory meant that the court would have a 4-3 Democratic majority for the first time in years. Now, the Court is exciting LGBTQ+ folks across the state after announcing last week that it would bypass the appellate court and hear an appeal of Rouch World LLC v. Department of Civil Rights, a case that could amend the Elliott-Larsen Civil Rights Act to include sexual orientation and gender identity.
Rouch World is a 300-acre park and wedding venue in Sturgis. In 2019, the owners of the park refused to host a same-sex wedding ceremony citing religious beliefs and the fact that Elliott-Larsen does not protect individuals on the basis of sexual orientation. Rouch World sued after learning that the Michigan Department of Civil Rights had opened an investigation.
The state Court of Claims ruled in favor of Rouch World in December and Michigan Attorney General Dana Nessel vowed to appeal. But she did not know at the time that the appeal would head straight to the Supreme Court. If the high court rules favorably, it would be a landmark decision. Michigan’s LGBTQ+ community has long lobbied the state legislature to amend Elliott-Larsen on its own. But the body, controlled by Republicans, has been loath to touch the matter.
“I think it’s important to note that for the first time in decades there’s a progressive majority on the Michigan Supreme Court,” said Jay Kaplan, Staff Attorney for the ACLU of Michigan’s LGBT Project. “So we’re hopeful that the Supreme Court is going to [rule in our favor] and we’re going to have a decision saying that gay and lesbian people are covered under state law.”
Now, the Supreme Court has given until Oct. 25 for briefs to be filed. The Court has also invited several groups to file amicus briefs in the matter. The groups include the ACLU of Michigan, the ACLU National, 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 Tran Sistas of Color Project.
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July 04, 2021 at 11:49PM
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Michigan Supreme Court to Decide on Elliot-Larsen Civil Rights Case - pride source.com
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