(WWJ/AP) - The Michigan Supreme Court has ruled that two businesses that denied requests from a same sex couple and a transgender woman violated the Elliott-Larsen Civil Rights Act, the Associated Press reported.
The landmark 5-2 decision announced on Thursday said the state's anti-discrimination law covers sexual orientation, including if an individual is gay or transgender or otherwise identifies within the LGBTQ community.
Any denial of goods, services and facilities constitutes discrimination, the justices ruled.
The court says the word "sex" in Michigan's key civil rights law applies to sexual orientation and not just gender.
In 2019, Rouch World, an event center in Sturgis, declined to host a same-sex wedding, saying it conflicted with the owner's religious beliefs. That same year, a hair-removal business declined to serve a transgender woman.
Courts for years had said they were bound by past decisions that found sexual orientation wasn't covered by the civil rights law.
Supporters, including Michigan Gov. Gretchen Whitmer and Attorney General Dana Nessel, say this is a victory for the LGBTQ community.
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“As a mom, a governor, and proud ally of the community, I am so grateful for this ruling," Whitmer said on Thursday. "It will save lives, protect families, and help ensure that every Michigander is treated with dignity and respect by law. For too long, LGBTQ+ Michiganders had been left out of our state’s civil rights protections. No longer. Because of this ruling, nobody can legally be fired from their job or evicted from their home because of who they love."
Whitmer vowed to keep fighting for LGBTQ+ members within the state, saying she aims to keep Michigan "a safe, welcoming place no matter who you are, where you come from, or who you love.”
Nessel agreed with the governor, saying the ruling effectively establishes protection for all Michiganders.
“Our residents deserve to live in a state that recognizes the value of diversity and rejects the notion that our own civil rights law could be used as a tool of discrimination," Nessel said. "This ruling is not only a victory for the LGBTQ+ community, but for all Michigan residents, and one that’s long overdue.”
The same-sex couple along with the transgender woman who were denied services filed complaints with the Department of Civil Rights (MDCR).
The Department of Civil Rights opened an investigation into both incidents, but the investigations stalled after the businesses filed lawsuits.
Nessel said her hand in the process began in October, 2021, when she filed a bypass application in the Michigan Supreme Court on behalf of the MDCR and the director of the MDCR.
The Michigan Supreme Court agreed to take the case under immediate review and Nessel appeared for arguments on March 2.
And while the battle may have been won, Nessel said Thursday's ruling may require further legislative action to win the war.
“It is also important to recognize that the rights of Michigan’s LGBTQ+ community are based on precedent from court decisions," Nessel said. "And while we were once a nation that respected the value of legal precedent to help preserve our rights, that may no longer be the case. Now is the time to enshrine our rights in law to ensure no person in this state ever experiences barriers to employment, housing, education, or public accommodations and services because of who they are or whom they love."
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