2023 Senate Bill 147 / Public Act 31

Civil rights: other; certain references to nontherapeutic abortions in the Elliott-Larsen civil rights act; remove.

An act to amend 1976 PA 453, entitled “An act to define civil rights; 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; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts,” by amending sections 201 and 202 (MCL 37.2201 and 37.2202), section 201 as amended by 1980 PA 202 and section 202 as amended by 2023 PA 6.

House Fiscal Agency Analysis

Senate Bill 147 would amend the Elliott-Larsen Civil Rights Act to prohibit discrimination based on an individual’s termination of a pregnancy.

Introduced in the Senate

March 7, 2023

Introduced by Sen. Erika Geiss (D-1)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

March 16, 2023

Reported with substitute S-1

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 102a. This act does not apply to any claim of discrimination subject to the ministerial exception described in Our Lady of Guadalupe Sch. v Morrissey-Berru, 140 S Ct 2049 (2020), and Hosanna-Tabor Evangelical Lutheran Church & Sch v EEOC, 565 U.S. 171 (2012).”.

The amendment failed by voice vote

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 2, line 14, after “pregnancy” by inserting “prior to fetal viability”.

The amendment failed 17 to 20 (details)

Passed in the Senate 20 to 17 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion did not prevail by voice vote

Received in the House

March 21, 2023

Referred to the Committee on Judiciary

April 19, 2023

Reported with substitute H-1

May 2, 2023

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Pauline Wendzel (R-39)

1. Amend page 3, following line 20, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4345 of the 102nd Legislature is enacted into law.”.

The amendment failed by voice vote

Amendment offered by Rep. Gina Johnsen (R-78)

1. Amend page 3, following line 20, by inserting:

“Enacting section 1. 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

Amendment offered by Rep. Phil Green (R-67)

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 102a. This act does not apply to any claim of discrimination subject to the ministerial exception described in Our Lady of Guadalupe Sch. v Morrissey-Berru, 140 S Ct 2049 (2020), and Hosanna-Tabor Evangelical Lutheran Church & Sch v EEOC, 565 U.S. 171 (2012).”.

The amendment failed by voice vote

Substitute H-3 offered by Rep. Angela Rigas (R-79)

The substitute failed by voice vote

May 3, 2023

Passed in the House 57 to 51 (details)

Motion to reconsider by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 4, 2023

Substitute H-1 concurred in 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

May 17, 2023