Michigan House speaker pushes gay rights bills

House Speaker Jase Bolger said Wednesday he would push a two-bill package to add sexual orientation into Michigan's civil rights law to protect gays from discrimination while protecting religious freedom for those who disapprove of homosexuality.

"I have been researching this issue for well over a year and said repeatedly that I would work on finding legislation that could strike a balance between protecting personal liberties and defending religious freedom," said Bolger, R-Marshall, adding that a bill he plans to introduce and another bill strike that balance.

"Nobody should be discriminated against because of who they are, just as nobody should be forced to violate their faith."

The announcement was immediately opposed by House Democrats and at least one gay rights group because they argue that transgendered people wouldn't be protected and a loophole would be created that would allow bias to continue.

"When it comes to legal protections for marginalized and targeted groups of people, we cannot compromise," said House Minority Leader Tim Greimel, D-Auburn Hills. "No Michigander deserves to be denied employment or housing because they are lesbian, gay, bisexual or transgendered, and the civil rights of all of them must be protected."

Gov. Rick Snyder's office welcomed the development.

"The governor has long said discrimination is wrong, plain and simple, and has encouraged this discussion to take place," Snyder spokeswoman Sara Wurfel said Wednesday. "Glad to see Legislature is looking at this issue. (Snyder) also renews his calls for civility and respect throughout."

The legislative proposals were announced as a Detroit federal judge Wednesday overturned as unconstitutional a Michigan law that bars public schools and local governments from offering benefits to unmarried couples.

Judge David Lawson, who stopped the law with an injunction more than a year ago, ruled the law is based on "an irrational prejudice."

The 2011 law, signed by Snyder in what he argued was a money-saving move, prevents public schools and local governments from offering benefits to unmarried partners of employees, whether homosexual or heterosexual.

The law violates the constitution "because it unlawfully discriminates against the same-sex partners of public employees without a legitimate basis for doing so," Lawson wrote in his decision, arguing that heterosexual couples had the option to marry while gay couples didn't.

Attorney General Bill Schuette hasn't decided whether to appeal Lawson's ruling. "The decision is under review," said spokeswoman Joy Yearout.

Under Bolger's proposal, Michiganians would not be forced to take part in activities that violate their sincerely held religious beliefs — a policy he said is based on a 1993 federal law known as the Religious Freedom Restoration Act.

Bolger said 27 states have religious freedom acts and 21 have added gay rights protections to their anti-discrimination laws. Michigan would be the 10th state to have both, he said.

A planned bill by Rep. Frank Foster, R-Petoskey, would add sexual orientation to the state's Elliott-Larsen Civil Rights Act but not mention "gender identity," according to Bolger's office.

The bills aren't tie-barred, meaning one could pass the House even if the other was rejected. Bolger said he'd allow House members to make up their minds about that, but he'd personally vote against the Foster bill passing by itself.

A bill by Rep. Sam Singh, D-East Lansing, includes gender expression and identity as protected in the state's anti-discrimination law. Bolger, whose party controls the House agenda, said he'd oppose passage of that bill.

Bolger said adding a listing of categories is unnecessary. He said considerable case law shows that laws like Elliott-Larsen adequately protect transgendered people — those who have changed sexes — if they include discrimination based on sex.

Gay rights leaders disputed the argument, saying there is a hodgepodge of court rulings and no clearly established protections.

"We absolutely refuse to leave the transgender community behind in non-discrimination legislation," said Marty Rouse, national field director for the Human Rights Campaign in Washington, D.C. "It is imperative that both sexual orientation and gender identity be included in any amendment to the state's civil rights act."

Allison Vankuiken — who grew up in Grand Rapids, now lives in Maryland and is involved in the Human Rights Campaign — said Bolger's proposal "is not realistic." It fails to specifically include the transgendered community that "experiences discrimination at the highest rate of those we're talking about here today," she said.

"I've experienced discrimination here plenty of times in my years here since coming out and finding who I am, and it's a very difficult thing," Vankuiken said.

Vankuiken said the Foster bill would result in gay people facing unaffordable attorney fees to go to court over incidents in which they believe they have been deprived of their rights.

Michigan Catholic Conference President and CEO Paul Long said Bolger's proposed religious protection act "is needed now more than ever. The increased level of hostility and intolerance toward faith-based institutions and persons — and how they integrate in the public square — has made religious liberty a priority."

Asked whether the organization also supports Foster's proposal, spokesman David Maluchnik said the Catholic Conference "is looking at that."

gheinlein@detroitnews.com

Staff Writer David Shepardson contributed.