The Michigan Supreme Court ruled in 2022 that discrimination on the basis of sexual orientation and “gender identity” is illegal under the state’s so-called civil rights laws.
Religious non-profits cannot operate in a way that is consistent with their faith under the laws. Alliance Defending Freedom (ADF), which represents a non-profit ministry called Christian Healthcare Centers, said the ministry provides high-quality primary medical care, including care for people who can’t afford it.
If Christian Healthcare Centers declines to prescribe harmful cross-sex hormones, for example, the state will retaliate. If the ministry refuses to hire a man wearing a dress and claiming to be a woman or an individual who opposes its religious beliefs, the ministry faces prosecution.
Christian Healthcare Centers filed a pre-enforcement lawsuit in 2022, asking a court for a preliminary injunction. The court declined and closed the case for lack of standing.
Christian Healthcare Centers appealed to the U.S. Court of Appeals for the Sixth Circuit. Last Friday, the appeals court ruled in favor of the ministry and ADF’s other client, Sacred Heart of Jesus Parish.
The Sixth Circuit contended that the ministries established a credible threat that the state would prosecute them under the anti-discrimination laws. The court sent the cases back to the lower courts to reconsider injunctions.
“The Constitution is clear: Religious organizations have the freedom to operate and serve their communities according to their beliefs,” said ADF Senior Counsel Bryan Neihart, who argued before the court on behalf of Christian Healthcare Centers.
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