On Thursday, March 16, 2023, Governor Gretchen Whitmer signed into law a bill expanding the Elliott-Larsen Civil Rights Act to include protection from discrimination on the basis of sexual orientation, gender identity and gender expression. 

The Michigan Civil Rights Commission -- far ahead of its time -- has called for the expansion of ELCRA for at least 40 years, most recently at their January 23 meeting.

Read their latest resolution calling on the Michigan legislature to add protections for the LGBTQ+ community here. 

MDCR Executive Director John E. Johnson, Jr. attended the bill signing and paused for this photo with Mel Larsen, the former state representative and original co-sponsor/author (with civil rights icon Daisy Elliott) of the Elliott-Larsen Civil Rights Act. 

Note the bill was not given immediate effect, explains MDCR Legislative Liaison Jerome Reide. 

"Governor Whitmer signed the bill and it becomes law 91 days after the Legislature adjourns 'sine die.' Ninety one days after adjournment of the regular session (Dec. 21, 2023) will make the effective date approximately March 26, 2024."

On the day it was signed into law, Director Johnson issued this statement on the expansion of ELCRA: 

"Today is a reminder that freedom and equality are both working promises. In 1963 Michigan became the first state in the nation to enshrine civil rights protections, and their enforcement, into its Constitution. In the almost 60 years since, Michigan has constructed one of the most comprehensive civil rights sanctuaries in the US. It cannot be overstated that we are expanding the Elliott-Larsen Civil Rights Act (ELCRA) to include sexual orientation, gender identity, and gender expression at a time when other states are banning books and redacting history. I am proud to say that the Michigan Civil Rights Commission led this effort with a 2018 interpretive statement that the word ‘sex’ in ELCRA includes sexual orientation and gender identity. Our commission, judges, legislators, and now Governor have all spoken: We believe in equality for ALL people and we will defend our freedom.”

A federal judge has dismissed a case against MDCR and  Attorney General Dana Nessel challenging the application of the ruling in Rouch World LLC v Michigan Department of Civil Rights (MDCR).  

In July 2022 Nessel argued before the Michigan Supreme Court that the Elliott-Larsen Civil Rights Act (ELCRA) prohibits discrimination based on an individual’s gender identity and sexual orientation. In a 5-2 opinion, the court agreed. 

Christian Healthcare Centers alleged in its suit that the new interpretation of ELCRA violated the Christian Healthcare Centers’ First and 14th Amendment rights and infringed upon its religious mission. They claimed that protections based on sexual orientation and gender identity impact their ability to refuse to provide gender transitioning treatments, to use pronouns not consistent with its patients’ gender at birth, and to only hire staff who have the same Christian beliefs. 

On March 29, 2023, U.S. federal court Judge Jane Beckering issued an opinion and order dismissing the plaintiff’s lawsuit because it lacks standing and concluding that “neither the ELCRA nor the Equal Accommodations Act facially fails to recognize religious freedoms.” 

“We are gratified with the ruling out of the US. District Court for the Western District of Michigan," said Director Johnson. "Judge Beckering’s decision is one more confirmation that protecting the civil rights of LGBTQ+ Michiganders is the right thing to do, and does not infringe upon the rights of others. The Department of Civil Rights will continue to fulfill our constitutional mandate to enforce civil rights law in the state of Michigan, including violations against members of the LGBTQ+ community.”

MDCR is looking for exceptional candidates to fill a variety of open positions -- everything from interns to a 17 level State Division Administrator. We need your help to make sure great candidates find our openings and apply.

Please share the QR code on the right with your contacts, which will take them directly to MDCR's current openings. 

If you've never used a QR code to navigate to a website, here's how to do it: Using the rear-facing camera on your cell phone, hold your phone as if you were taking a photo of your computer screen. Your phone will recognize the QR code and will display a clickable link. Tap the link to go to MDCR's current job listings.

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By Jerome Reide, J.D., Ph.D.,

MDCR Legislative Liaison

Each month, Jerome Reide, J.D., Ph.D., Legislative Liaison for the Michigan Department of Civil Rights, will bring you updates and analysis of what's happening in the Michigan legislature -- news of legislation, executive orders and ballot initiatives that relate directly to the MDCR mission and impact the people we serve.

(Image is the Michigan Capitol)

On April 5, 2023, Governor Whitmer signed legislation that repealed Michigan's 1931 law that banned abortions in most cases. In November, voters included reproductive rights in the Michigan Constitution.

The change establishes a new individual right to reproductive freedom, including making and carrying out decisions on prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management and infertility.

For More Information on the Repeal

(Image is of Governor Whitmer standing before a podium with the words "Reproductive Freedom" attached.)

In 2018, the Michigan Legislature passed the Michigan Paid Medical Leave Act (PMLA) and Michigan's Improved Workforce Opportunity Wage Act without submission to the public for review and a vote.

The original bills would have immediately increased Michigan's minimum wage to $12 per hour and expanded access to paid medical leave. Instead the legislators adopted and amended the bills using only a majority vote, instead of the 3/4s vote required. 

Mothering Justice, a grassroots policy advocacy organization that seeks social justice for mothers of color, argued that Michigan's 1963 Constitution did not intend to allow "adopt and amend" actions within the legislature. 

Michigan Attorney General Dana Nessel filed an application for leave to appeal in the Michigan Supreme Court, seeking to have the court overturn the Court of Appeals' decision on "adopt and amend." Nessel also sought to have the court declare the practice as unconstitutional and also bar attempts to repeal a citizen-initiated referendum within the same session. 

The Court of Appeals concluded on January 26, 2023, that Public Acts 368 and 369 of 2018, were constitutional even though those bills, which were passed by the Legislature during the ‘lame duck’ session and which were related to initiative petitions to increase the minimum wage and to provide for the accrual of paid sick leave—amended a prior initiative petition that the Legislature had adopted with no changes. The Court of Appeals overturned an earlier decision by the Court of Claims, which held that adopt-and-amend is unconstitutional.

“The Legislature adopting an initiative and then amending or repealing it within the same legislative session is contrary to the People’s understanding of our Constitution. It undermines the will of the People, and weakens direct democracy,” said Nessel. “I am hopeful that the Michigan Supreme Court will weigh in on this important question.”

On April 13, 2023, Governor Gretchen Whitmer signed commonsense gun violence prevention bills that will establish universal background checks for all firearm purchases and safe storage requirements.

Watch video of the press conference.

(Image is of Governor Whitmer signing legislation while people watch.)

On April 11, 2023, Jerome Reide, J.D., Ph.D. testified before a Michigan House Committee regarding HB 4250. Although the bill is focused on banning cell phones while driving, the language does not address systemic disparate treatment based on race in traffic stops. 

Visit Michigan House of Representatives House TV Channel to watch the testimony. (Begins at about 44:00 minutes)