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(OSV News) — Arguments were presented on June 11 in the 6th Circuit U.S. Court of Appeals regarding two Michigan Catholic parishes’ legal battle against the state’s civil rights statute concerning sexual orientation, which they argue restricts their right to employ individuals based on religious beliefs.
St. Joseph Catholic Church in St. Johns and Grand Rapids’ Sacred Heart Parish each filed separate lawsuits in 2022 against Michigan’s interpretation of the word “sex” in its civil rights law to encompass sexual orientation, alleging it lacked sufficient religious exemptions.
Defendants in the lawsuits include Michigan Attorney General Dana Nessel and other state civil rights authorities.
Following a 2022 Michigan Supreme Court decision, sexual orientation and gender identity were affirmed as protected characteristics under the state’s Elliott-Larsen Civil Rights Act of 1976, safeguarding individuals from job discrimination on these bases. This decision emerged from a case involving faith-based businesses contesting a 2018 Michigan Department of Civil Rights memorandum.
Both parishes’ lawsuits were initially dismissed by a Michigan district court in 2023, leading to the consequent appeals.
St. Joseph’s lawsuit asserts that the statute unlawfully restricts the church from adhering to its religious doctrines, including teachings on marriage and sexuality.
During the June 11 court proceedings, Judge Jane Branstetter Stranch inquired about the standing of the churches to preemptively sue before an actual legal infringement occurs.
“The critical issue here is the necessary criteria to initiate a legal case versus exhausting initial administrative avenues to determine if there’s still standing for legal action,” Stranch stated.
Becket senior counsel William Haun, speaking about the St. Joseph case, stressed that Michigan residents should not require government approval to practice their faith and advocated for the dismissal of the “irresponsible” law.
Alliance Defending Freedom legal counsel Cody Barnett, representing Sacred Heart, emphasized the constitutional guarantee for religious schools’ operational autonomy according to their faith.
Barnett highlighted that Michigan is unfairly compelling Sacred Heart to either abandon its religious principles or shut down, simultaneously limiting parental rights concerning their children’s upbringing and education. He is calling for the lawsuit to proceed to protect the parish’s centennial legacy of community service.
Additionally, Christian Healthcare Centers Inc., a faith-based nonprofit healthcare organization, has filed its own challenge against the state law.
Reported by Kate Scanlon, a national correspondent for OSV News. Follow her updated reports on the platform X (formerly known as Twitter) @kgscanlon.
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Frequently Asked Questions (FAQ)
What is the Elliott-Larsen Civil Rights Act?
The Elliott-Larsen Civil Rights Act is a Michigan state law enacted in 1976. It prohibits discrimination in employment and housing on the basis of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. Recently, interpretations have included sexual orientation and gender identity as protected under the definition of “sex.”
Why are the Catholic parishes suing the state of Michigan?
The parishes, St. Joseph Catholic Church and Sacred Heart Parish, have filed lawsuits arguing that Michigan’s civil rights statute infringes upon their religious rights by dictating whom they can hire, going against the parishes’ teachings on marriage and human sexuality.
What has been the response of the courts to these lawsuits?
Initially, a district court in Michigan dismissed the lawsuits filed by the parishes in 2023. However, the parishes appealed, and the matter is currently being deliberated by the U.S. Court of Appeals for the 6th Circuit.
What could be the consequences if the parishes’ legal challenges are successful?
If the parishes are successful in their challenge, there may possibly be broader implications for how religious organizations can hire employees and the extent to which they can discriminate based on sexual orientation and gender identity, potentially affecting civil rights protections.
Have there been any other similar challenges to state civil rights laws elsewhere in the United States?
Yes, there have been numerous challenges across the U.S. regarding state civil rights laws, especially with how they intersect with religious freedom and the rights of LGBTQ individuals. The outcomes vary depending on jurisdiction and specific circumstances of each case.
