St. Johns church files federal civil rights complaint against Nessel, MDCR
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A Catholic church in St. Johns is challenging Michigan's updated civil rights law in federal court because leaders say the change violates the church's constitutional rights.
In the suit filed Monday, St. Joseph's parish alleged the state's redefinition of "sex" in the Elliot-Larsen Civil Rights Act protects others because of their sexual orientation and gender identity but violates the church's First Amendment right to exercise the Catholic religion and also its 14th Amendment right to equal protection.
The nonprofit Washington, D.C.-based Becket Fund for Religious Liberty is representing the St. Johns parish, 109 Linden St., and has named Attorney General Dana Nessel and the state's Department of Civil Rights as defendants in the lawsuit filed in U.S. District Court.
The church is seeking a ruling to provide clarity in the event its religious freedoms are challenged.
Messages were left seeking comment with Nessel's office and MDCR.
"They're looking for the court to rule that their religious exercise is protected and they're able to continue running their school and those who work for the parish, just as they always have," said Lori Windham, vice present and senior counsel for the Becket Law firm, which is known for representing churches, Native American tribes, people and other entities fighting for religious freedoms throughout the country.
St. Joseph's is part of the Diocese of Lansing and has Bishop Earl Boyea's support.
"I fully support the parish community of St. Joseph in seeking this important legal ruling to ensure that they and all Catholic schools and institutions in Michigan remain protected," he said in a statement.
The case is similar to others that involve freedoms of businesses and entities when dealing with the LGBTQ community. The U.S. Supreme Court narrowly ruled 7-2 in favor of a Colorado baker in 2018 who refused to make a wedding cake for a same-sex couple, stating Colorado exhibited religious hostility against him.
The U.S. Supreme Court is currently weighing arguments in the 303 Creative v. Elenis case where a Colorado designer seeks to decline creating wedding websites for same-sex couples because those marriages violate her religious beliefs.
Windham said the church wants the state to equally uphold the church's religious beliefs in marriage and gender identity as it has with the "sex" definition in the Elliot-Larsen Civil Rights Act, which now includes sexual orientation and gender identity. She added the church has faced uncertainty about how the law will be applied to them.
Over the summer, the Michigan Supreme Court ruled 5-2 in favor of Nessel and the MDCR that Elliot-Larsen includes a ban on discrimination on the basis of a person's sexual orientation. Justices defined "sex" in the 1976 law to include one's gender identity and sexual orientation.
Sex redefined:Michigan Supreme Court: Law bans discrimination based on sexual orientation
Justice Elizabeth Clement, a Republican, wrote the lead opinion.
"Accordingly, the denial of 'the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service' on the basis of sexual orientation constitutes discrimination 'because of ... sex' and, therefore, constitutes a violation of the ELCRA," wrote Clement, who became chief justice in November.
The decision was part of the Rouch World v. Michigan Department of Civil Rights lawsuit in which Rouch World, a Sturgis event hall, and Uprooted Electrolysis sued the state after declining to host a lesbian couple's wedding and performing laser hair removal on a transgender woman, respectively. Both cited their religious beliefs in doing so.
St. Joseph parish's lawsuit also mentioned the Rouch World decision, saying the ELCRA does not include exemptions for religious organizations nor constitutional protections on religious liberty.
"In particular, Justice (David) Viviano explained that ELCRA is broader than its federal analogue (Title VII), because it 'covers all employers'—regardless of size—and ELCRA neither 'contains exemptions for religious organizations' nor is limited by Michigan 'statutory provisions' protecting religious liberty," the lawsuit read.
Windham said the state's decision violates how the Catholic church defines gender and who marriage is between. Everyone at the parish's church and school is required to abide by and uphold those beliefs, and the new definition and amended civil rights law could create problems in hiring staff who share their beliefs and Catholic missions.
"It can also create problems with how they operate their school," Windham said. "They have the Catholic Church's 2,000-year-old teachings on marriage and on gender and sexuality and want to continue to follow those in what they teach and how they run their elementary school."
As the lawsuit stated, "St. Joseph may be held liable for 'sex' discrimination whenever, for example, biologically male students desire to use the female locker room or play on a female sports team, or whenever a biological male mass attendee wants to use the female restroom.
"The same could be true whenever someone would want to host a same-sex wedding at St. Joseph or have a wedding reception at the Knights of Columbus Hall, with which St. Joseph is related and is only a mile from the parish."
Windham emphasized that the church is not interested in repealing the updated Elliot-Larsen Civil Rights Act.
"They're not asking to invalidate the entire law," she said. "They're asking to be able to continue with their own religious beliefs and practices."
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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.
This article originally appeared on Lansing State Journal: St. Johns church files federal civil rights complaint against Nessel, MDCR
