LANSING, Mich. (Michigan News Source) – Federal court judge and Joe Biden appointee, Democrat Jane Beckering, made rulings on Tuesday that denied reconsideration of the dismissal of one case and granted dismissal in two other cases challenging the Elliott-Larsen Civil Rights Act’s (ELCRA) protections based on sexual orientation and gender identity.

Christian Healthcare Centers, Sacred Heart of Jesus Parish, and St. Joseph Parish St. Johns had filed lawsuits alleging the ELCRA’s sexual orientation and gender identity protections violate their constitutional religious freedoms. These lawsuits were filed against Michigan Attorney General Dana Nessel, Michigan Civil Rights Commission members, and the Executive Director of the Michigan Department of Civil Rights.

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They had filed suit after the Michigan Supreme Court ruled in July of 2022 that ELCRA included protections for gay and transgender individuals under the definition of “sex.” Christian Healthcare Centers filed their lawsuit in September of 2022 because under the ruling, they would be required to provide medical treatment that are inconsistent with their Christian religious beliefs, including gender-affirming care.

The original lawsuit alleged, among other things, “Under the guise of stopping discrimination, the law discriminates against religious organizations, requiring them to forfeit their religious character and hire people who do not share their faith.”

Judge Beckering held in each case that the three entities did not establish standing to maintain their lawsuits where the ELCRA already requires consideration of religious freedoms and there is no imminent threat that the ELCRA will be enforced against them. The Court concluded that the ELCRA does not facially fail “to recognize religious freedoms.”

Attorney General Dana Nessel said, “I am pleased that Judge Beckering has consistently recognized that the plaintiffs’ cases were unsupported by facts. Under Michigan law, religious freedoms are already taken into consideration under the Elliott-Larsen Civil Rights Act when assessing discrimination claims. Our state’s residents can rest assured that Michigan’s recently enacted protections for the LGBTQ+ community will be enforced to the fullest extent as the constitution permits.”

Previously, on March 29, 2023, Judge Beckering issued an opinion and order dismissing the Christian Healthcare Centers case for lack of standing, but the Center sought reconsideration of that decision leading to yesterday’s order. In her new dismissal, Judge Beckering again found that Christian Healthcare Centers failed to establish standing where the ELCRA properly provides that it is to be construed in conjunction with other laws where there is no past history of enforcement of the ELCRA for similar conduct.

Christian Health and Sacred Heart have filed an appeal with the Sixth Circuit Court of Appeals. Jonathan Scruggs, Senior Counsel at Alliance Defending Freedom who represents them told Michigan News Source in a statement, “The Michigan law unconstitutionally requires religious organizations like Christian Healthcare Center and Sacred Heart of Jesus Parish to hire employees who don’t share their beliefs. On behalf of our clients, Alliance Defending Freedom has appealed both cases to the U.S. 6th Circuit Court to continue fighting for their religious protections against unjust laws.”

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Taking the Michigan Supreme Court decision a step further, the Democratic-led state legislature cemented gender protections into law in March of this year adding sexual orientation and gender identity protections to the state’s ELCRA.

The new law defines gender identity or expression as “having a gender-related self-identity or expression whether or not associated with an individual’s assigned sex at birth.” Sexual orientation is described as “having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation.”