LGBTQ Not Protected in Michigan

LGBTQ Michigan, sexual orientation laws
Attorney General Bill Schuette (Michigan) Steve Carmody/Michigan Radio

LGBTQ Not Protected in Michigan


Republican Attorney General Bill Schuette has concluded that a law that protects gay and transgender Michigan residents is “invalid” as interpreted by the Michigan Civil Rights Commission.


Attorney General Schuette said that the Civil Rights Commission overstepped its authority when it concluded that “sex” discrimination includes discrimination based on sexual orientation and/or gender identity.

AN ACT to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts.

Schuette went on to say that while state agencies can interpret the law, it cannot be used to enforce or change the statute.

Political advocacy group Equality Michigan , spoke out against Schuette’s interpretation and issued the following statement.

The Michigan Civil Rights Commission acted lawfully when it issued Interpretative Statement 2018-1. Specifically, the Commission voted to adopt as Interpretive Statement 2018-1 that “discrimination because of…sex” includes discrimination because of gender identity and discrimination because of sexual orientation. It is imperative that the Michigan Civil Rights Commission defend its interpretation as the Attorney General’s Opinion does not have the force of law, and cannot bind state agencies.While the Attorney General continues to polish his anti-LGBT credentials in a contested Gubernatorial race, today’s overreach cuts at the Commission’s core constitutional authority, which should concern everyone.”

In response, the Michigan Civil Rights Commission will be meeting tomorrow, July 23, 2018 to discuss the Attorney General’s opinion.


Alexander Hernandez, Esq.

attorney alex hernandez, twitter follow @mcatty_alex.

Alexander Hernandez

Alexander Hernandez represents clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents. (904) 712-5565 or (305)-688-LAWS (5297).

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