By Jay Kaplan
Last week the Detroit Free Press put out an editorial, rightfully shaming Gov. Snyder for signing into law a bill that permits state funded faith-based adoption and foster care agencies to deny services to families and refuse to place children in homes based on "sincerely held religious beliefs," even if such placements would be in the best interests of children. This law, apart from promoting and subsidizing a particular religious viewpoint in violation of the constitution, now makes it more difficult for 13,000 children currently in the foster care system to find loving homes by allowing discrimination to rule the day. It was indeed a shameful moment for Michigan.
In this editorial, the Free Press makes reference to the much anticipated decision from the U.S. Supreme Court regarding marriage equality for same-sex couples which is due by the end of this month. According to a Public Research Religion Institute (PRRI) poll, 65 percent of Americans believe that the Court will issue an opinion in favor of marriage equality for all 50 states, including Michigan. The Free Press states that a favorable decision "could invalidate all legislative or constitutional provisions that permit discrimination on the basis of sexual orientation." I believe the Free Press may be referring to the possibility that the Supreme Court, through its decision, may also determine that discriminatory laws against LGBT people be given a higher level of constitutional scrutiny by the Courts — in other words making it more difficult for these laws and policies to pass constitutional muster and be upheld by the Courts. That would be terrific if the Court raises the level of scrutiny, but there's no guarantee that this will happen, even if the Court finds the marriage bans to be unconstitutional. The fact remains that while there will be much to celebrate and to rejoice in a favorable marriage equality decision, there still remains much to be done in the state of Michigan, and more challenges ahead for the LGBT community in the struggle for full equality.
The discriminatory adoption bill that was approved by our governor is part of a series of proposed legislation targeting the LGBT community, as a backlash response to anticipated marriage equality. Our legislature has a number of bills in the pipeline, including a so-called Religious Freedom Restoration Act, similar if not identical to the one in Indiana, that would permit both individuals and businesses to openly discriminate against LGBT people in employment, housing and public accommodations. There is similar legislation that would specifically allow medical providers to refuse to provide health services, also under the guise of religious beliefs. There is also legislation that could effectively gut local human rights ordinances and policies that protect LGBT people from discrimination. Our opponents have been emboldened by Gov. Snyder's signature on the adoption discrimination bill and that means that more of these bills will be given attention by Michigan's legislature. All of these efforts are an attempt to deny LGBT people the same opportunities and dignity accorded to other Michigan residents, and we must remain vigilant.
Aside from the legislation we are trying to defeat, there remains a long list of proactive things to do, most importantly, amending our state civil rights laws to include sexual orientation and gender identity as protected categories against discrimination. In most places in Michigan it is still legal to be fired and denied housing and public accommodations for being LGBT. While LGBT people may be able to get married over the weekend should the Supreme Court issue a favorable decision, they still could be fired when they return to work Monday morning. We need to change the current Secretary of State's policy on gender changes on state IDs which makes it virtually impossible for transgender people to obtain correct Michigan identity documents, subjecting them to harassment and discrimination. We need to eliminate Michigan's Medicaid ban on coverage for any transgender related medications. We need to ensure that both LGBT parents are recognized as legal parents to their children, through adoption and through the judicial concept of equitable parenthood. We need to ensure that LGBT students are free from bullying and harassment from school so that they can focus on their studies, instead of having to worry about their safety. We need to address racial and economic inequalities that exist in our community by working and collaborating with organizations that are trying to do that.
A long list to be sure. I am one of those 65 percent who think we're going to have a favorable marriage equality decision. And if that happens, let's both celebrate and rejoice the incredible progress that has been made on this issue. But at the same time, let's not delude ourselves into thinking that full LGBT equality in Michigan has been achieved. We've got a long way to go, and there are more battles to be won.
