§ 39.07 EXCEPTIONS.
   Any other provision of this chapter notwithstanding:
   (A)   The provisions of this chapter do not apply to any religious organization or institution with respect to its employment of individuals.
   (B)   A religious organization or institution may restrict the occupancy of any of its housing facilities or place of public accommodations operated as a part of its religious activities to persons of its denomination or those who conform to the moral tenets of that religious organization or institution. This exception shall apply to a religious organization or institution that allows persons other than its members to use its facilities if its facilities remain exempt from Michigan property taxation pursuant to section 7s of 1893 PA 206, as amended, M.C.L.A. § 211.7s.
   (C)   The owner of a housing facility or accommodation devoted entirely to the housing of individuals of one gender may restrict the occupancy of such a facility or accommodation on the basis of gender.
   (D)   The provisions of this chapter do not apply to the rental of a housing accommodation in a building that contains housing accommodations for not more than two families living independently of each other if the owner or a member of the owner’s immediate family resides in one of the housing accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor’s immediate family resides in the dwelling. This exception shall extend to advertisements, postings, notices or other solicitations for such a rental arrangement.
   (E)   The provisions of this chapter do not apply to any arrangement for shared ownership, lease or residency of a dwelling unit.
   (F)   An educational institution may limit the use of its facilities to those affiliated with such institution.
   (G)   A governmental institution may restrict any of its facilities or restrict employment opportunities based on duly-adopted institutional policies that conform to state and federal laws and regulations.
   (H)   A person may discriminate based on an individual’s age when such discrimination is required by other local, state or federal laws.
   (I)   A person may provide discounts on products or services to students, or on the basis of age.
   (J)   A person may refuse to enter into a contractual relationship with an unemancipated minor.
   (K)   A person may restrict the use of restrooms, lavatories, locker room facilities or changing rooms on the basis of gender. Restrictions for the use of restrooms, lavatories, locker room facilities or changing rooms as provided in this section shall not be considered a violation of this chapter’s prohibitions on discrimination based on gender identity or expression.
   (L)   A person may restrict participation in an instructional program, athletic event or on an athletic team on the basis of age or gender.
   (M)   A person may restrict membership in a private club that is not open to the public.
   (N)   An employer may restrict employment opportunities to members of one’s family.
   (O)   An employer offering health or pension plans may provide for marital or family status limitations in such plans provided those limitations conform to state and federal laws, rules and regulations. Further, nothing in this chapter shall be construed or interpreted to either require, nor prohibit a private employer from offering employment benefits to the same-sex partner of an employee.
   (P)   This chapter shall not prohibit the city from allowing use of its facilities or services by persons that may be affiliated with, or otherwise supported by a religious organization or institution, which may espouse policies or practices inconsistent with the general intent of this chapter. Further, this chapter shall not prohibit the city from allowing use of its facilities or services by persons not generally affiliated with or supported by a particular religious organization or institution, but who may espouse policies or practices inconsistent with the general intent of this chapter.
   (Q)   This chapter shall not be construed to prohibit a city employee from exercising his or her First Amendment rights to donate to a charitable organization of his or her choosing through the use of the city’s automatic payroll deduction program. This chapter shall not be construed to limit the availability of the city’s automatic payroll deduction program only to charitable organizations that support or conform to the general intent and purposes of this chapter. Except as otherwise provided by law, the city retains the discretion to determine whether or not to participate in or allow any payroll deduction.
   (R)   This chapter is not intended to and shall not be construed to require an educational institution to, and an educational institution shall not use this chapter as a justification to, suspend, expel or otherwise discipline a student enrolled in a medical, pharmaceutical, nursing, counseling, social work, or psychology program because the student refuses to counsel or serve a client or patient in a manner that conflicts with a sincerely held religious belief of the student. However, this provision is not intended to alter or affect any professional ethics or academic standards or codes of conduct.
   (S)   This chapter is not intended to and shall not be construed to require an employer to, and an employer shall not use this chapter as a justification to, take any employment, promotion, compensation, benefits, termination or extension of employment action against, or alter the employment privileges of a professional employee, because that professional employee refuses to provide medical, social work, psychological or other professional counseling services when that counseling would reasonably conflict with that employee’s sincerely held religious beliefs. However, this provision is not intended to alter or affect any professional ethics standards or codes of conduct.
   (T)   This chapter is not intended to prohibit or interfere with a person's, or religious institution's, free exercise of religion as protected by the First Amendment to the United States Constitution and Article 1, Section 4, of the Michigan Constitution.
(Ord. 973, passed 7-9-12; Am. Ord. 1088, passed 5-22-23)