Michigan Judge Blocks Provision on Employment Discrimination Based on Abortion Rights
A federal judge in Michigan has issued a temporary injunction blocking a provision in the state’s civil rights law that prohibits employment discrimination against individuals who have exercised their right to an abortion. U.S. District Court Judge Robert Jonker has sought guidance from the Michigan Supreme Court to navigate the complex interaction between state and federal rights in this matter.
The legal challenge was brought forth by Right to Life of Michigan, an anti-abortion rights organization, arguing that the inclusion of this provision in the Elliott-Larsen Civil Rights Act puts them in a difficult position. The provision prohibits discrimination in hiring or promotion based on the exercise of the right to have an abortion.
Genevieve Marnon, legislative director for Right to Life of Michigan, expressed concerns about the contradiction this provision poses to the organization’s core mission of promoting pro-life values. The amendment to Michigan law, which added reproductive rights to the state constitution, was approved by voters three years ago.
Michigan’s Attorney General Dana Nessel’s office is currently reviewing the federal judge’s decision. The state has argued that there has been no enforcement of the law as described by Right to Life, questioning the need for a preliminary injunction.
University of Michigan Law Professor Sam Bagenstos noted that the judge’s request for an advisory opinion from the state’s highest court is not common but occasionally necessary in cases where state law interpretation is unclear. The Michigan Supreme Court, which currently comprises six Democratic-affiliated justices and one Republican-nominated justice, may choose to respond to the request at its discretion.
