Michigan Civil Rights Panel Revisits the Question: Does Banning LGBTQ Books Constitute Discrimination?

Michigan Civil Rights Commission Seeks Opinion on Banning LGBT Books from Libraries

The Michigan Civil Rights Commission has once again requested an opinion from Attorney General Dana Nessel on whether banning LGBT books from libraries constitutes a form of discrimination. This comes after Nessel declined to take up an initial request filed in May, citing its overly broad nature. In response, the commissioners voted unanimously to resend a more specific letter at their July 24 meeting in Marquette.

The agency aims to recraft the question to address all the issues and provide the necessary clarification required by the Attorney General’s office. However, an updated letter was not available at the time of publication, as the commission is still in the process of drafting it.

The original request was sent on May 26, asking whether “banning and censorship of content and materials, prohibition of paraphernalia, and prevention of affiliate groups and safe spaces in educational institutions constitutes a violation of the Elliott‐Larsen Civil Rights Act.” In a response received on June 23, Chief Deputy Fadwa Hammoud from the Department of Attorney General denied the request, stating that it was too broad and fact-dependent. Hammoud also highlighted the lack of clear definitions and parameters in the original request, making it difficult to provide a formal opinion.

Hammoud explained that the legal analysis regarding discrimination in educational services would differ depending on the circumstances, as educational institutions could also fall under the definition of a “public accommodation.” Additionally, the validity or invalidity of any censorship or prohibitions would depend on the specific subject matter and the extent of the restrictions imposed.

The Michigan Civil Rights Commission’s ongoing pursuit of an opinion from the Attorney General reflects their commitment to ensuring equal access to information and preventing discrimination based on sexual orientation. By seeking clarification on the legality of banning LGBT books from libraries, the commission aims to protect the rights of all individuals and promote inclusivity in educational institutions.

As the commission continues to refine their request and await a response from the Attorney General’s office, the debate surrounding LGBT book bans in libraries remains a topic of great importance. This issue has sparked discussions on the balance between freedom of expression, access to information, and the potential harm caused by restricting certain materials.

The outcome of the commission’s efforts to obtain an opinion from the Attorney General could have significant implications for libraries and educational institutions across Michigan. It will ultimately shape the policies and practices regarding the availability of LGBT literature and the promotion of diverse perspectives within these institutions.

In a society that values diversity and equality, it is crucial to address any potential forms of discrimination and ensure that all individuals, regardless of their sexual orientation, have access to a wide range of educational resources. The Michigan Civil Rights Commission’s request for an opinion from the Attorney General is a step towards achieving this goal.

Original Story at www.mlive.com – 2023-08-11 13:30:00