Opinion invalidates LGBT-bias finding

LANSING, Mich. — Michigan Attorney General Bill Schuette said Friday that state law does not ban discrimination against gay, bisexual or transgender people, declaring a commission’s interpretation to be invalid while stating that only the Legislature or voters can expand the law to provide such protections.

Schuette, who is running for governor as a Republican, issued his opinion at the request of GOP legislative leaders.

In May, the Civil Rights Commission began processing complaints after releasing an interpretive statement that said discrimination on the basis of sexual orientation or gender identity is a form of “sex” discrimination outlawed under the state’s 1976 civil-rights law.

Schuette wrote that while the significance of the issue “is not lost on this office, the power to change Michigan law only lies with the Legislature … or the people themselves through initiative.”

Attorney general opinions, while not the same as legal rulings, are considered binding on state agencies unless reversed by a court, said Schuette spokesman Andrea Bitely.

The ruling drew criticism from Democrats.

The liberal group Progress Michigan said Schuette “is siding with discrimination and bigotry,” while Democratic gubernatorial candidate Abdul El-Sayed called Schuette “Michigan’s discriminator-in-chief” in a tweet.

The state Department of Civil Rights said it was reviewing the opinion and expected the commission to discuss the ruling at its next meeting on Monday.

“We will continue taking and processing complaints, but we will not begin investigating those complaints until after the commission provides us with direction,” agency director Agustin Arbulu said in a statement. His department had received eight gay- and trans-gender-based complaints this week, some of which are under investigation.

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