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Federal Judge Blocks Michigan From Enforcing Abortion‑Discrimination Expansion

The pause sends five interpretive questions to the Michigan Supreme Court to decide whether the 2023 Elliott‑Larsen amendment covers advocacy, association or employer benefit choices.

Overview

  • A federal judge issued a preliminary injunction that stops Michigan from enforcing the 2023 amendment to the Elliott‑Larsen Civil Rights Act against two pro‑life groups while the law’s scope is resolved.
  • The court denied the state’s motions to dismiss and said the plaintiffs are likely to succeed on First Amendment grounds in an opinion issued on Friday that framed the dispute as dependent on state‑law interpretation.
  • Judge Robert J. Jonker certified five questions to the Michigan Supreme Court about whether ELCRA’s pregnancy‑termination protection reaches people who advocate for abortion, associate with people who had abortions, or express pro‑choice views.
  • The injunction preserves the status quo by allowing the groups to limit recruiting, hiring, volunteer choices and to exclude elective‑abortion coverage from employee insurance for now.
  • Michigan’s attorney general says the office has significant concerns and will challenge the ruling, and the state high court’s answers will likely decide whether the federal First Amendment claims can continue and how mission‑driven nonprofits hire and design benefits.