Catholic communities challenge Michigan civil rights law regarding sexual orientation and gender identity

On June 11, the U.S. Court of Appeals for the 6th Circuit heard lawsuits filed by two Catholic parishes in Michigan challenging their state’s definition of sexual orientation, which they say prohibits them from freely hiring employees who conform to the tenets of their faith.

In separate lawsuits in 2022, St. Joseph Catholic Church in St. Johns and Sacred Heart Parish in Grand Rapids challenged a state civil rights law that defined gender to include sexual orientation without what they said were appropriate exceptions for religious organizations.

The lawsuits name the state’s Attorney General Dana Nessel, the state Department of Civil Rights and the Civil Rights Commission.

The Michigan Supreme Court in 2022 found that sexual orientation and gender identity are protected under the state’s Elliott-Larsen Civil Rights Act of 1976, including protection against denial of employment on those grounds. The court ruled against two religious-based businesses that sued over a 2018 Michigan Department of Civil Rights memo that interpreted those two categories as part of the civil rights law.

In 2023, a district court in Michigan dismissed the municipalities’ lawsuits, but both appealed later that year.

In its complaint, St. Joseph claimed the law made it a violation to follow the “2,000-year-old teachings of the Catholic Church,” including teachings on marriage and human sexuality.

On June 11, Judge Jane Branstetter Stranch asked the court whether the plaintiffs could actually take preemptive action against the law before a hypothetical violation occurred.

“I think we all recognize the importance of the issues at stake here and the importance of the ability of religious entities to act according to their own faith and beliefs,” Stranch said. “The question here is what does it take to bring a case to court, rather than starting with the administrative options and looking through those to understand whether individuals who want to bring lawsuits in court still have the ability to bring suit.”

William Haun, lead attorney at Becket, said in a statement on the St. Joseph case: “Michigan residents do not need permission from bureaucrats in Lansing to practice their faith. The court should strike down this irresponsible law and restore the ability of institutions like St. Joseph to freely serve their schools, churches and communities.”

Cody Barnett, legal counsel for the Alliance Defending Freedom, said in a statement on the Sacred Heart case: “The Constitution is clear: religious schools can operate according to their beliefs.”

“A federal district court – and the U.S. Supreme Court – have ruled that government officials cannot target religious organizations simply because they adhere to their religious beliefs,” Barnett said. “Michigan is forcing Sacred Heart to make an impossible choice: either teach and practice the Catholic faith or close its doors forever – while denying parents the right to determine the upbringing and education of their children. The parish has faithfully served the families of Grand Rapids for more than a century, and its school provides a rich academic and spiritual environment for hundreds of children.”

“We urge the 6th Circuit to allow their lawsuit to proceed so they can take steps to serve their community without fear of government punishment,” he said.

Christian Healthcare Centers Inc., a nonprofit medical services organization, also challenged the law separately.

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