Grand Rapids, Michigan – A judge should dismiss a lawsuit filed by a nonprofit in the Grand Rapids area that challenges Michigan’s civil rights law, which now includes protections for LGBTQ people, Michigan state judiciary says Secretary Dana Nessel claims.
“Briefly, there is no immediate danger of harm and plaintiffs’ concerns are based solely on speculation,” the defendants said in a letter filed earlier this month in the Western District Court of Michigan.
Defendants argue that the lawsuit was premature and did not demonstrate “irreparable harm” or “probability of victory” on which to base an injunction. , which may force us to provide gender-affirming care or to refer patients by their preferred pronouns. rice field.
“At this time, the Complaint contains only abstract allegations based on future events that may not occur at all, or may occur in a manner different from what Christian Healthcare anticipates. Yes,” the allegation said.
Christian Healthcare Centers filed a federal lawsuit a month later in late August. Michigan Supreme Court ruled discrimination Anything based on sexual orientation is illegal. The nonprofit seeks injunctive relief and declaratory relief on the basis that the law “poses an imminent threat” to its right to operate as a religious ministry.
“It is purely speculative,” the motion claims.
Named in the lawsuit are Nessel, who is responsible for enforcing civil rights laws, John Johnson, Jr., executive director of the Michigan Department of Civil Rights, and seven members of the Michigan Civil Rights Commission.
Related: Christian healthcare provider files lawsuit over LGBTQ protections in Michigan civil rights law
Michigan law protects LGBTQ people from discrimination after the Michigan Supreme Court ruled in late July that the word “sex” in the 1976 Elliot Larsen Civil Rights Act included sexual orientation. increase. The 5-2 ruling came after he was sued by two companies who claimed the state could not investigate her LGBTQ discrimination allegations under the authority of her 2018 interpretive statement.
With this decision, Christian Healthcare argues that it must provide medical care that is inconsistent with its belief in “constancy of biological sex.” It also argued that the court’s ruling complicates the right to employ only those who share their religious beliefs.
Related: Sexual orientation is now protected by Michigan civil rights law. What do you mean?
Defendants, however, noted that the Elliott Larsen Civil Rights Act provides religious immunity, “further reducing the likelihood of imminent investigation and prosecution, and highlighting the premature nature of this lawsuit.” ” he said.
Christian Healthcare has not applied for that waiver.
“Plaintiffs are seeking that this Court grant this injunction notwithstanding the lack of ongoing civil rights complaints or investigations regarding Plaintiffs’ policies, patterns, or practices. Any request for such special relief must be denied,” defendants argued.
The Michigan Civil Rights Commission has also yet to respond to the High Court’s ruling. The motion argues that it would be “more effective” for nonprofit health care providers to wait for a formal policy to address their concerns.
Related: Michigan Supreme Court rules that sexual orientation is protected by civil rights law
Christian Healthcare says its two facilities in Western Michigan offer healthcare to anyone regardless of race, religion, gender, sexual orientation or gender identity.
It is represented by the national legal nonprofit Alliance Defending Freedom.
Christian legal interest groups have been implicated in nearly 30 U.S. Supreme Court cases related to religious liberty, same-sex marriage, and abortion. Alliance Defending Freedom is considered a hate group by the Southern Poverty Law Center because of its anti-LGBTQ beliefs. In response, he called the Law Center a “radical leftist organization.”
John Bursh, lead attorney for Alliance Defending Freedom, previously said the lawsuit against Nessel could set a precedent.
“Other courts in other states across the country have been asked to advertise that religious groups hire people who share their faith and that they are going to hire people who share their faith so they can run their businesses.” “We need to protect the organization in a way that does not violate religious beliefs,” he said.
US District Judge Jane M. Beckering will review the complaint and motion to dismiss.
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