Federal judge blocks Michigan from enforcing parts of employment law against pro-life groups

A federal judge issued a preliminary injunction July 10 blocking Michigan from enforcing parts of its civil rights law against two pro-life groups that argued the requirements would violate their First Amendment rights by potentially forcing them to hire employees who oppose their missions and provide health insurance covering abortions.

U.S. District Judge Robert J. Jonker, appointed by former President George W. Bush, sided with Right to Life of Michigan and the Pregnancy Resource Center in Grand Rapids, ruling that the organizations are likely to succeed on their claims that the law violates their First Amendment rights. 

The groups sued Michigan Attorney General Dana Nessel, the Department of Civil Rights, and members of the Michigan Civil Rights Commission over amendments to the Elliott-Larsen Civil Rights Act.

The amended law expanded the definition of “sex” discrimination to include “the termination of a pregnancy” and barred employers from treating individuals differently because they had undergone an abortion. It also eliminated a provision allowing employers to exclude abortion coverage from employee health insurance plans.

The groups argued that being unable to employ only people who affirm their beliefs would mean “their message would necessarily be changed,” while requiring abortion coverage would compel “expressive conduct fundamentally at odds with their core mission.”

Jonker concluded that the organizations face a credible threat of enforcement and are likely to prevail on their constitutional claims.

The injunction prevents Michigan officials from penalizing the organizations for declining to hire applicants who have had abortions, advocate for abortion, or otherwise express support for it. The groups may also continue excluding elective abortion coverage from their employee health plans.

Jonker also asked the Michigan Supreme Court to answer questions about how the law applies to the organizations. According to the Michigan Advance, the federal case will remain paused while the state court considers whether to address those questions.

Amber Roseboom, president of Right to Life of Michigan, called the decision a “welcome reprieve” in a statement cited by the Michigan Advance.

“Any attempt by state officials to force organizations like Right to Life of Michigan to employ staff who do not agree with our fundamental mission is a wild misuse of power and defies common sense,” Roseboom told the outlet. “Seeking to undermine organizations that offer life-saving choices is counterintuitive. For choice to truly exist, every woman must have the opportunity to make a choice for life if she would like to do so.”

Bryan Neihart, senior counsel with Alliance Defending Freedom, which represents the groups, said in a July 10 statement that the government “can’t force pro-life organizations to sabotage their own beliefs by requiring them to employ staff who endorse abortion." 

“The First Amendment protects the right of these organizations to hire employees who can carry out and share the message of hope and joy associated with the gift of life. For these pro-life groups, the messenger matters,” he added. “The court made the right decision by protecting their constitutional freedom to hire employees who share their views in word and deed so that they can express messages consistent with their beliefs.”

The preliminary injunction remains in effect while the litigation continues.