Michigan Groups Challenge Abortion Protections in Civil Rights Law

In a move that could redefine the boundaries of free speech and employment rights, a federal lawsuit challenges Michigan’s recent civil rights legislation, which extends anti-discrimination protections to those who have terminated pregnancies. The lawsuit, brought forth by Right to Life of Michigan along with the Pregnancy Resource Center, contends that these protections infringe upon the First Amendment.

Filed in the U.S. Western District Court in Grand Rapids, the lawsuit argues that the 2023 law, which broadens the definition of “sex” to include pregnancy-related conditions, forces religious and anti-abortion organizations to compromise their beliefs. “Recent changes to Michigan’s employment law force religious and pro-life groups to employ and associate with persons who do not share or live by—and may even oppose—the organizations’ beliefs on human life,” reads the lawsuit. “This violates the First Amendment.”

Michigan has seen significant political shifts following the U.S. Supreme Court’s Dobbs decision, which overturned federal abortion protections. The state’s electorate responded by embedding expansive reproductive rights into the Michigan Constitution during the 2022 elections. This momentum also carried Democrats into power, with Governor Gretchen Whitmer, Attorney General Dana Nessel, and Secretary of State Jocelyn Benson securing reelection, and the party gaining full legislative control.

Under the new Democratic leadership, laws have been enacted to expand abortion rights, which are now being contested by anti-abortion groups. They argue these laws infringe on their ability to hire individuals aligned with their mission. Attorney Brian Neihart emphasized, “The bottom line here is that the First Amendment ensures that the pro-life organizations can employ people who agree with their beliefs, who act consistently with their beliefs without the threat of government punishment.” He further explained that the current state law mandates pro-life organizations to provide health insurance covering abortions, contrary to their values.

The 2023 legislation redefines “sex” in the Elliott-Larsen Civil Rights Act to encompass pregnancy and related medical conditions. However, the offices of Governor Whitmer and Attorney General Nessel, a named defendant in the lawsuit, have not commented on the ongoing legal proceedings.