LANSING, Mich. — Michigan lawmakers made history in Lansing Wednesday, when the House passed an expansion to the Elliott-Larsen Civil Rights Act to now protects the LGBTQ+ community from discrimination.
The ELCRA was passed in 1976 "to prohibit discriminatory practices, policies and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status or marital status," with regards to employment, housing, education and access to public accommodations.
The expansion passed 64-45 Wednesday, with all 56 democrats voting yes and eight republicans joining them.
Republicans who voted against the bill argue the legislation infringes on people's religious rights.
In a floor speech Wednesday, Rep. Rachelle Smit (R-43, Allegan County) said, "While I fully support this original intent of the Elliott Larsen Act, and understand the importance of protecting individuals from discrimination, I also believe that it is crucial to respect the religious beliefs of small business owners and employers."
GOP colleague Rep. Luke Meerman (R-89, Coopersville) echoed her statement saying he believes that legislation lacks language that protects religious freedom, specifically. He says it's because of this, that he cannot support the legislation.
"Our United States have upheld religious freedom and protected faith from the government since the earliest days of our country. As a state, we should not be taking up legislation that infringes on individual religious freedom. Michigan can do better than passing legislation that does not offer protections," Rep. Meerman said.
This is legislation that is not only historic by nature, but also, it's historic because of the lawmakers who pushed it over the finish line.
Speaker Pro Tempore Laurie Pohutsky (D-17, Wayne County), the first out queer woman in the Michigan Legislature, gaveled and announced Wednesday's moment of passage.
In her floor speech delivered before the final vote, Rep. Pohutsky noted that this would not be possible without the efforts of lawmakers and activists who came before them.
"Today is a day for celebration, to be sure, but it's also a day for gratitude and reflection. We owe a debt to the people who have been working towards this moment for half a century," Rep. Pohutsky added.
As opponents of the bill argue that the expansion infringes on religious rights, Pohutsky argues that's not the case.
In July of 2022, in Rouch World, LLC v. Department of Civil Rights, the Michigan Supreme Court ruled that discrimination based on sexual orientation is unlawful. This ruling was just one stepping stone ahead of Wednesday's passage.
Pohutsky says that since that ruling, religious institutions have not been forced to do anything that they feel is against their religion.
"No one is forcing Catholic churches to perform marriages for gay couples, and to be perfectly honest, I don't know a single queer person who is interested in doing that," she added.
In addition to Rep. Pohutsky, five other LGBTQ+ state lawmakers spoke on the House floor Wednesday about the gravity of this vote, not just for the state of Michigan, but also the impact it will have on their own lives. Many of them shared painful memories, stories of coming out and how these experiences inspired them into a life of activism and public service.
Rep. Mike McFall (D-8, Oakland County, Wayne County) says it feels "surreal" to be speaking on legislation that directly affects him.
"We're often accused of having a secret agenda. The truth is, the only agenda I have is to live my my life free from discrimination and hate and to be able to walk down the street holding my husband's hand without fear."
Rep. Emily Dievendorf (D-77, Lansing), Michigan's first out nonbinary state legislator, turned directly to their Republican colleagues when they stepped up to the mic.
"I can't tell you how degrading it is, after 20 years of working on this, fighting for my own life and the equal access and opportunity for others in my lesbian, gay, bisexual and transgender communities, to sit while my colleagues introduce amendment after amendment after amendment, in order to ensure that I continue not to have rights, in order to ensure that I, in particular, am excluded."
Rep. Dievendorf says they have been fired from jobs because they were "too visible" or "too out," and said they have lived in poverty fighting for jobs.
"Elliott Larsen is being amended to ensure access to a roof, to ensure access to a paycheck, to ensure that we don't get kicked out of public spaces while we are just trying to live our lives. What we are fighting for today is access to stability, for recognition of our humanity, of my humanity."
In his floor speech, Rep. Noah Arbit (D-20, West Bloomfield) spoke of the pain and discrimination he experienced growing up. He said, during his freshman year of high school, someone stole his backpack. He later found it by a dumpster with the word "fag" written across it.
Arbit said he also remembers his mother needle pointing a "chuppah" for him and his brothers, which is a type of canopy used in Jewish weddings for the couple to stand underneath. But for most of his life, Arbit says this was a painful memory.
"Every time my mom showed me her progress, a new thread color, a new stitch she'd learned. I'd respond dismissively. I hated it. The reason is simple. I looked at that clip recovering and thought, 'that's not for me. I'll never use that.'"
Arbit says he wishes he could go back in time and tell his younger self, "yes, you will struggle. You will strive, you will fight, but you will survive and you will succeed and achieve beyond your wildest dreams. Just hold on."
Rep. Jason Morgan (D-23, Ann Arbor), a gay man who also suffers from muscular dystrophy, shared his story, too.
Morgan says he was worried that by coming out, he would lose his job and therefore, his healthcare.
"Quite literally, the choice to live out of the closet for much of my life has felt that it comes with life and death consequences," Rep. Morgan added.
And for Rep. Jason Hoskins (D-18, Southfield), Wednesday's passage is also about representation. Hoskins is the first openly gay person of color to serve in the legislature.
He said he almost didn't run for office because he didn't think that, "you could be Black and hopefully gay and an elected official all at the same time."
Rep. Hoskins adds, "This legislation will show LGBTQ people, particularly LGBTQ people of color, that they can fulfill their full aspirations, your identity while memory of who you are or what you can do. You don't have to hide anymore. You don't have to feel less than and that is cause for celebration."
