Right to Life sues over abortion protections in ELCRA

By Alethia Kasben
Gongwer News Service


State law prohibiting employment discrimination against a person based on if they’ve had an abortion is forcing organizations like Right to Life of Michigan to hire individuals who may oppose its life-affirming views, a lawsuit filed in federal court Friday argues.

Right to Life of Michigan v. Attorney General Dana Nessel (Docket No. 1:26-cv-390) was filed in the U.S. District Court of the Western District of Michigan.

The lawsuit argues Right to Life and Pregnancy Resource Center have been forced “to employ and associate with persons who do not share or live by – and may even oppose – the organizations’ beliefs on human life.”

In 2023, Gov. Gretchen Whitmer signed a bill barring a person’s abortion from leading to discrimination against employment, housing and in public accommodation.

The lawsuit argues that the law is a violation of Right to Life’s and similarly situated groups’ First and 14th Amendment rights.

“Governor Whitmer’s abortion-only response to unplanned pregnancy is a disservice to women, families, and the people of Michigan,” RLM President Amber Roseboom said in a statement. “The governor and her allies in the state Legislature have proven time and again that they are hell-bent on curbing the good work of our state’s non-profit organizations that offer women life-affirming options for unplanned pregnancy care. Our legal challenge aims to ensure that Right to Life of Michigan has the freedom to hire employees who share its vision without the threat of government punishment so that we can continue to advocate for life-affirming options now and into the future.”

The lawsuit says Right to Life regularly receives between 15 to 75 applicants for a posted position. Since the new law, the group no longer asks applicants for their views on the organization’s mission.

Although the lawsuit says the law forces the organization to hire candidates that do not align with its views, it also outlines that a candidate who described themselves as “pro-abortion,” was not hired.

“But Right to Life would also like to make its mission and values even more explicit in its employment requirements to unequivocally state its position and expectations with future employees, to allow it to further vet candidates, and to save its hiring employees the time from processing resumes and interviewing candidates who may not agree with Right to Life’s mission and values,” the lawsuit says.


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