LGBTQ political activists urge the Michigan Civil Rights Commission to act outside its constitutional authority and change the meaning of Michigan’s Civil Rights law. The Great Lakes Justice Center, on behalf of state legislators, filed a detailed response explaining how Michigan’s Constitution authorizes the legislature, and not the Commission, to amend a Michigan statute. You can read the Justice Center’s response by clicking here
The LGBTQ activists improperly invite the Commission to add “gender identity and sexual orientation” to the protected categories in Michigan’s Civil Rights Act by merely issuing an “interpretative statement.” The activists incorrectly claim the Commission has the legal authority under both state and federal law to add the new categories. Their news release falsely further claims that such an interpretive statement would provide special protection and remedies for those claiming to fall within the new categories. A simple review of Michigan’s Constitution and statutory law exposes the inaccuracy of activist’s claims. On behalf of the State legislators, the Justice Center’s response calls on the Commission to not unconstitutionally exercise legislative authority reserved solely to the State Legislature.
David Kallman, Senior Counsel with the Great Lakes Justice Center, stated: “The Commission must reject EM’s invitation to ‘interpret’ Michigan’s civil rights law to mean something our legislature explicitly rejects. Even if the Commission agrees with the request, the Commission has the constitutional duty to enforce the laws passed by the legislature, not make up its own laws.” He further stated: “We must not permit the Commission to usurp the Rule of Law and the Legislature’s constitutional role as our politically accountable body via administrative fiat. Any attempt to enact and enforce such legislation under the guise of an interpretive statement will be immediately challenged in court and will not be upheld.”
About the Author
