Simple math suggests complex back story at Supreme Court

Organizers of a Michigan ballot drive to prohibit discrimination against gay, lesbian and transgender people said Monday they were evaluating whether to continue following a major victory in the U.S. Supreme Court. Fair and Equal Michigan launched the ballot effort in January after years of being unable to pass LGBT protections through the Republican-led state Legislature. The proposal would change a 1976 civil rights law that bans discrimination based on sexual orientation or gender identity in employment, housing and public accommodations. The Supreme Court ruled Monday that a key provision of a 1964 federal law that bars job discrimination due to sex encompasses bias against LGBT workers. The 6-3 decision does not directly affect discrimination in housing or public facilities. One of the lawsuits was brought by a Detroit-area transgender woman who was fired by a funeral home after she no longer wanted to be recognized as a man. Aimee Stephens died last month. Trevor Thomas, co-chairman of the ballot committee, called the ruling “great news” and said the group’s lawyer would advise “how it will impact people in the state of Michigan and our campaign moving forward.” Since 2018, the Michigan Civil Rights Commission has processed complaints based on sexual orientation and gender identity after releasing an interpretive statement that said such discrimination is a form of sex discrimination. State Attorney General Dana Nessel, a Democrat, told the panel last year it was not bound by her Republican predecessor’s opinion that Michigan law does not ban LGBT discrimination and that it would be up to legislators to change the statute to include such protections.