A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 301, 302, 302a, 402, 501, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2501, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, sections 103 and 301 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.
House Bill 4003 would add sexual orientation and gender identity or expression to categories statutorily protected from discrimination under the Elliott-Larsen Civil Rights Act.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
Reported without amendment
1. Amend page 4, line 26, after “orientation.” by inserting “Sexual orientation does not include having a sexual orientation for, or having a history of a sexual orientation for, minors, or being identified with such a sexual orientation.”.
The amendment failed by voice vote
1. Amend page 2, line 6, after “status,” by striking out “or”.
2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
3. Amend page 2, line 17, after “status,” by striking out “or”.
4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
5. Amend page 5, line 3, after “weight,” by striking out “or”.
6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.
7. Amend page 5, line 10, after “weight,” by striking out “or”.
8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID-19”.
9. Amend page 6, line 4, after “weight,” by striking out “or”.
10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.
11. Amend page 6, line 7, after “weight,” by striking out “or”.
12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID-19”.
13. Amend page 6, line 14, after “weight,” by striking out “or”.
14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID-19”.
15. Amend page 6, line 25, after “weight,” by striking out “or”.
16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID-19”.
17. Amend page 7, line 2, after “weight,” by striking out “or”.
18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID-19”.
19. Amend page 7, line 8, after “weight,” by striking out “or”.
20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.
21. Amend page 7, line 20, after “weight,” by striking out “or”.
22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID-19”.
23. Amend page 7, line 29, by striking out “or”.
24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
25. Amend page 8, line 7, after “weight,” by striking out “or”.
26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID-19”.
27. Amend page 8, line 12, after “weight,” by striking out “or”.
28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.
29. Amend page 8, line 15, after “expression,” by striking out “or”.
30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID-19”.
31. Amend page 8, line 26, after “weight,” by striking out “or”.
32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID-19”.
33. Amend page 10, line 1, after “expression,” by striking out “or”.
34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID-19”.
35. Amend page 10, line 9, after “expression,” by striking out “or”.
36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.
37. Amend page 10, line 13, after “expression,” by striking out “or”.
38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID-19”.
39. Amend page 10, line 22, after “status,” by striking out “or”.
40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID-19”.
41. Amend page 11, line 14, after “orientation,” by striking out “or”.
42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
43. Amend page 11, line 20, after “orientation,” by striking out “or”.
44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
45. Amend page 11, line 25, after “expression,” by striking out “or”.
46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID-19”.
47. Amend page 12, line 2, after “orientation,” by striking out “or”.
48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19,”.
49. Amend page 12, line 8, after “orientation,” by striking out “or”.
50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
51. Amend page 13, line 7, after “status,” by striking out “or”.
52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID-19”.
53. Amend page 14, line 18, after “status,” by striking out “or”.
54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID-19”.
55. Amend page 14, line 28, after “status,” by striking out “or”.
56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
57. Amend page 15, line 8, after “status,” by striking out “or”.
58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
59. Amend page 15, line 13, after “status,” by striking out “or”.
60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.
61. Amend page 15, line 29, by striking out “or”.
62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
63. Amend page 16, line 14, after “status,” by striking out “or”.
64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
The amendment failed by voice vote
1. Amend page 2, line 4, after “sex,” by striking out the balance of the line through “expression,” on line 5 and inserting “gender,”.
2. Amend page 2, line 16, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
3. Amend page 3, line 18, after “includes” by striking out “an individual” and inserting “a woman”.
4. Amend page 3, line 19, after “(f)” by striking out the balance of the line through “birth.” on line 22 and inserting ““Gender” means an individual’s state of being male or female.”.
5. Amend page 4, line 23, by striking out all of subdivision (k).
6. Amend page 5, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “gender,”.
7. Amend page 5, line 9, after “sex,” by striking out the balance of the line through “expression,” on line 10 and inserting “gender,”.
8. Amend page 6, line 3, after “sex,” by striking out the balance of the line through “expression,” on line 4 and inserting “gender,”.
9. Amend page 6, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.
10. Amend page 6, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.
11. Amend page 6, line 24, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
12. Amend page 7, line 1, after “sex,” by striking out the balance of the line through “expression,” on line 2 and inserting “gender,”.
13. Amend page 7, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.
14. Amend page 7, line 19, after “sex,” by striking out the balance of the line through “expression,” on line 20 and inserting “gender,”.
15. Amend page 7, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
16. Amend page 8, line 6, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
17. Amend page 8, line 11, after “sex,” by striking out the balance of the line through “expression,” on line 12 and inserting “gender,”.
18. Amend page 8, line 15, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
19. Amend page 8, line 25, after “sex,” by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
20. Amend page 9, line 29, after “sex,” by striking out the balance of the page through “expression,” on line 1 of page 10 and inserting “gender,”.
21. Amend page 10, line 8, after “sex,” by striking out the balance of the line through “expression,” on line 9 and inserting “gender,”.
22. Amend page 10, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.
23. Amend page 10, line 21, after “sex,” by striking out the balance of the line through “expression,” on line 22 and inserting “gender,”.
24. Amend page 11, line 14, after “sex,” by striking out the balance of the line through “expression” on line 15 and inserting “or gender”.
25. Amend page 11, line 20, after “sex,” by striking out “sexual orientation, or gender identity or expression” and inserting “or gender”.
26. Amend page 11, line 24, after “sex,” by striking out the balance of the line through “expression,” on line 25 and inserting “gender,”.
27. Amend page 12, line 2, after “sex,” by striking out the balance of the line through “expression,” on line 3 and inserting “or gender”.
28. Amend page 12, line 8, after “sex,” by striking out the balance of the line through “expression” on line 9 and inserting “or gender”.
29. Amend page 13, line 6, after “sex,” by striking out the balance of the line through “expression,” on line 7 and inserting “gender,”.
30. Amend page 14, line 17, after “sex,” by striking out the balance of the line through “expression,” on line 18 and inserting “gender,”.
31. Amend page 14, line 27, after “sex,” by striking out the balance of the line through “expression,” on line 28 and inserting “gender,”.
32. Amend page 15, line 7, after “sex,” by striking out the balance of the line through “expression,” on line 8 and inserting “gender,”.
33. Amend page 15, line 12, after “sex,” by striking out the balance of the line through “expression,” on line 13 and inserting “gender,”.
34. Amend page 15, line 28, by striking out “sexual orientation, gender identity or expression,” and inserting “gender,”.
35. Amend page 16, line 13, after “sex,” by striking out the balance of the line through “expression,” on line 14 and inserting “gender,”.
The amendment failed by voice vote
1. Amend page 9, line 24, after “302.” by inserting “(1)”.
2. Amend page 10, following line 13, by inserting:
“(2) This section does not compel an individual to violate the individual’s sincerely held religious beliefs.”.
The amendment failed by voice vote
1. Amend page 5, following line 28, by inserting:
“(4) This section does not apply to an employer that is a religious corporation, association, society, or other organization, including an employer that is a religious school, college, university, educational institution, or other institution of learning, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its activities.”.
The amendment failed by voice vote
1. Amend page 11, line 9, after “402.” by inserting “(1)”.
2. Amend page 12, following line 9, by inserting:
“(2) This section does not apply to an educational institution operated by a religious corporation, association, society, or other organization, or an educational institution that is a religious school, college, university, or other institution of learning, with respect to the services, activities, or programs provided by the educational institution.”.
The amendment failed by voice vote
1. Amend page 16, following line 22, by inserting:
“Enacting section 2. This amendatory act does not take effect unless House Bill No.4075 of the 102nd Legislature is enacted into law.”.
The amendment failed by voice vote
1. Amend page 8, following line 16, by inserting:
“Sec. 208. A person subject to this article may apply to the commission for an exemption on the basis that religion, national origin, age, height, weight, or sex, sexual orientation, or gender identity or expression is a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise. Upon sufficient showing, the commission may grant an exemption to the appropriate section of this article. An employer may have a bona fide occupational qualification on the basis of religion, national origin, sex, age, or marital status, height and weight age, height, weight, marital status, sex, sexual orientation, or gender identity or expression without obtaining prior exemption from the commission, provided that an employer who that does not obtain an exemption shall have has the burden of establishing that the qualification is reasonably necessary to the normal operation of the business.”.
The amendment failed by voice vote
1. Amend page 12, following line 9, by inserting:
“Sec. 405. This article does not require an educational institution to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the educational institution for individuals who are biological females at birth.”.
The amendment failed by voice vote
1. Amend page 11, following line 8, by inserting:
“Sec. 302b. This article does not require a provider of any place of public accommodation or public service to permit an individual who was a biological male at birth to participate in a sports or athletic club, team, or activity that is offered by the provider of the place of public accommodation or public service for individuals who are biological females at birth.”.
The amendment failed by voice vote
1. Amend page 8, following line 27, by inserting:
“Sec. 212. The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.
2. Amend page 11, following line 8, by inserting:
“Sec. 303. (1) This article shall does not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the this state under Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 through 436.58 of the Michigan Compiled Laws. the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. This section shall subsection does not apply to a private club that is otherwise defined as a place of public accommodation in this article.
(2) The provisions of this article related to sexual orientation, gender identity, or gender expression do not apply to a religious corporation, association, society, or other organization, including a faith-based nonprofit organization, when that entity is acting according to its sincerely held religious beliefs.”.
The amendment failed by voice vote
1. Amend page 3, line 21, after “individual’s” by striking out “assigned” and inserting “observed and recorded”.
The amendment failed by voice vote
1. Amend page 2, line 6, after the first “status,” by striking out “or”.
2. Amend page 2, line 6, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
3. Amend page 2, line 17, after the first “status,” by striking out “or”.
4. Amend page 2, line 17, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
5. Amend page 5, line 3, after “weight,” by striking out “or”.
6. Amend page 5, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.
7. Amend page 5, line 10, after “weight,” by striking out “or”.
8. Amend page 5, line 11, after “status” by inserting a comma and “or vaccination status for COVID-19”.
9. Amend page 6, line 4, after “weight,” by striking out “or”.
10. Amend page 6, line 4, after “status” by inserting a comma and “or vaccination status for COVID-19”.
11. Amend page 6, line 7, after “weight,” by striking out “or”.
12. Amend page 6, line 8, after “status” by inserting a comma and “or vaccination status for COVID-19”.
13. Amend page 6, line 14, after “weight,” by striking out “or”.
14. Amend page 6, line 15, after “status” by inserting a comma and “or vaccination status for COVID-19”.
15. Amend page 6, line 25, after “weight,” by striking out “or”.
16. Amend page 6, line 25, after “status” by inserting a comma and “or vaccination status for COVID-19”.
17. Amend page 7, line 2, after “weight,” by striking out “or”.
18. Amend page 7, line 2, after “status” by inserting a comma and “or vaccination status for COVID-19”.
19. Amend page 7, line 8, after “weight,” by striking out “or”.
20. Amend page 7, line 8, after “status,” by inserting “or vaccination status for COVID-19,”.
21. Amend page 7, line 20, after “weight,” by striking out “or”.
22. Amend page 7, line 21, after “status” by inserting a comma and “or vaccination status for COVID-19”.
23. Amend page 7, line 29, by striking out “or “.
24. Amend page 7, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
25. Amend page 8, line 7, after “weight,” by striking out “or”.
26. Amend page 8, line 7, after “status” by inserting a comma and “or vaccination status for COVID-19”.
27. Amend page 8, line 12, after “weight,” by striking out “or”.
28. Amend page 8, line 12, after “status,” by inserting “or vaccination status for COVID-19,”.
29. Amend page 8, line 15, after “expression,” by striking out “or”.
30. Amend page 8, line 16, after “status” by inserting a comma and “or vaccination status for COVID-19”.
31. Amend page 8, line 26, after “weight,” by striking out “or”.
32. Amend page 8, line 26, after “status” by inserting a comma and “or vaccination status for COVID-19”.
33. Amend page 10, line 1, after “expression,” by striking out “or”.
34. Amend page 10, line 1, after “status” by inserting a comma and “or vaccination status for COVID-19”.
35. Amend page 10, line 9, after “expression,” by striking out “or”.
36. Amend page 10, line 9, after “status,” by inserting “or vaccination status for COVID-19,”.
37. Amend page 10, line 13, after “expression,” by striking out “or”.
38. Amend page 10, line 13, after “status” by inserting a comma and “or vaccination status for COVID-19”.
39. Amend page 10, line 22, after “status,” by striking out “or”.
40. Amend page 10, line 22, after “origin” by inserting a comma and “or vaccination status for COVID-19”.
41. Amend page 11, line 14, after “orientation,” by striking out “or”.
42. Amend page 11, line 15, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
43. Amend page 11, line 20, after “orientation,” by striking out “or”.
44. Amend page 11, line 20, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
45. Amend page 11, line 25, after “expression,” by striking out “or”.
46. Amend page 11, line 25, after “status” by inserting a comma and “or vaccination status for COVID-19”.
47. Amend page 12, line 2, after “orientation,” by striking out “or”.
48. Amend page 12, line 3, after “expression,” by inserting “or vaccination status for COVID-19”.
49. Amend page 12, line 8, after “orientation,” by striking out “or”.
50. Amend page 12, line 9, after “expression” by inserting a comma and “or vaccination status for COVID-19”.
51. Amend page 13, line 7, after “status,” by striking out “or”.
52. Amend page 13, line 8, after “status” by inserting a comma and “or vaccination status for COVID-19”.
53. Amend page 14, line 18, after “status,” by striking out “or”.
54. Amend page 14, line 19, after “status” by inserting a comma and “or vaccination status for COVID-19”.
55. Amend page 14, line 28, after “status,” by striking out “or”.
56. Amend page 14, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
57. Amend page 15, line 8, after the first “status,” by striking out “or”.
58. Amend page 15, line 8, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
59. Amend page 15, line 13, after “status,” by striking out “or”.
60. Amend page 15, line 14, after “status,” by inserting “or vaccination status for COVID-19,”.
61. Amend page 15, line 29, by striking out “or “.
62. Amend page 15, line 29, after “status” by inserting a comma and “or vaccination status for COVID-19”.
63. Amend page 16, line 14, after the first “status,” by striking out “or”.
64. Amend page 16, line 14, after the second “status” by inserting a comma and “or vaccination status for COVID-19”.
The amendment failed by voice vote
1. Amend page 2, line 5, after “orientation,” by striking out “gender identity or expression,”.
2. Amend page 2, line 16, after “orientation,” by striking out “gender identity or expression,”.
3. Amend page 3, line 19, by striking out all of subdivision (f) and relettering the remaining subdivisions.
4. Amend page 5, line 3, after “orientation,” by striking out “gender identity or expression,”.
5. Amend page 5, line 10, after “orientation,” by striking out “gender identity or expression,”.
6. Amend page 6, line 3, after “orientation,” by striking out the balance of the line through “expression,” on line 4.
7. Amend page 6, line 7, after “orientation,” by striking out “gender identity or expression,”.
8. Amend page 6, line 14, after “orientation,” by striking out “gender identity or expression,”.
9. Amend page 6, line 24, after “orientation,” by striking out “gender identity or expression,”.
10. Amend page 7, line 1, after “orientation,” by striking out the balance of the line through “expression,” on line 2.
11. Amend page 7, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.
12. Amend page 7, line 20, after “orientation,” by striking out “gender identity or expression,”.
13. Amend page 7, line 28, after “orientation,” by striking out “gender identity or expression,”.
14. Amend page 8, line 6, after “orientation,” by striking out “gender identity or expression,”.
15. Amend page 8, line 11, after “orientation,” by striking out the balance of the line through “expression,” on line 12.
16. Amend page 8, line 15, after “orientation,” by striking out “gender identity or expression,”.
17. Amend page 8, line 25, after “orientation,” by striking out “gender identity or expression,”.
18. Amend page 10, line 1, after “orientation,” by striking out “gender identity or expression,”.
19. Amend page 10, line 8, after “orientation,” by striking out the balance of the line through “expression,” on line 9.
20. Amend page 10, line 12, after “orientation,” by striking out the balance of the line through “expression,” on line 13.
21. Amend page 10, line 21, after “orientation,” by striking out the balance of the line through “expression,” on line 22.
22. Amend page 11, line 14, after “sex,” by inserting “or”.
23. Amend page 11, line 14, after “orientation” by inserting a period and striking out the comma and the balance of the line through “expression.” on line 15.
24. Amend page 11, line 20, after “sex,” by inserting “or”.
25. Amend page 11, line 20, after “orientation” by inserting a period and striking out the comma and “or gender identity or expression.”.
26. Amend page 11, line 24, after “orientation,” by striking out the balance of the line through “expression,” on line 25.
27. Amend page 12, line 2, after “sex,” by inserting “or”.
28. Amend page 12, line 2, after “orientation” by striking out the comma and the balance of the line through “expression,” on line 3.
29. Amend page 12, line 8, after “sex,” by inserting “or”.
30. Amend page 12, line 8, after “orientation” by inserting a period and striking out the comma and the balance of the subdivision.
31. Amend page 13, line 7, after “orientation,” by striking out “gender identity or expression,”.
32. Amend page 14, line 18, after “orientation,” by striking out “gender identity or expression,”.
33. Amend page 14, line 28, after “orientation,” by striking out “gender identity or expression,”.
34. Amend page 15, line 7, after “orientation,” by striking out the balance of the line through “expression,” on line 8.
35. Amend page 15, line 13, after “orientation,” by striking out “gender identity or expression,”.
36. Amend page 15, line 28, after “orientation,” by striking out “gender identity or expression,”.
37. Amend page 16, line 13, after “orientation,” by striking out the balance of the line through “expression,” on line 14.
The amendment failed by voice vote
Passed in the House 64 to 45 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
