The Sophisticated Employer Blog

The U.S. Court of Appeals for the Sixth Circuit has revived two lawsuits brought by Christian organizations in Michigan which claim that the state’s civil rights law, the Elliot Larsen Civil Rights Act (ECLRA) – which bars discrimination based upon sexual orientation and gender identity – chills the organizations’ free speech and equal protection rights.

The lawsuits had been dismissed by a lower court, which held that the organizations did not prove that the State of Michigan intended to enforce the legal provisions against them.

A unanimous panel of the appellate court reversed the trial court’s dismissal of the lawsuits, stating that the Christian organizations “established a credible threat that [the State] will enforce against them at least some of the challenged provisions of Michigan’s laws.” 

Specifically, the organizations claimed that the civil rights laws infringe on their right to vet membership based upon Christian values and would require the organizations to provide transgender-affirming treatment in violation of their religious beliefs.  One of the organizations also requires employees  to sign memorandums of understanding affirming their Catholic faith and agreeing that they will not “engage in or support sexual activity outside of marriage, same-sex marriage or sexual activity [or] ‘transgenderism.’”

Although the state had not previously sought to enforce civil rights laws against the organizations, the appellate court held that the organizations had standing under ELCRA because they demonstrated a likelihood, based upon past practices of enforcement of ELCRA, that they would be subject  to enforcement if they violated any provisions of the law.  However, the appellate court declined to award the organizations injunctive relief barring enforcement of ELCRA against them, but, instead, remanded the case to the lower court to determine if the organizations are entitled to injunctive relief.

The cases are Christian Healthcare Centers v. Nessel et al., case number 23-1769, Sacred Heart of Jesus Parish et al. v. Nessel et al., case number 23-1781, and St. Joseph Parish St. Johns v. Nessel et al., case number 23-1860, in the U.S. Court of Appeals for the Sixth Circuit.

Key Takeaway

Based upon this ruling, employers do not have to wait for enforcement of employment and civil rights laws before challenging their applicability and application to their workforce.  The appellate court warned, however, that its opinion has limited applicability beyond the facts of the cases before it. 

Employers should consult with legal counsel if they believe laws infringe on their rights as an employer.