HB-5040, As Passed House, June 12, 2012
HOUSE BILL NO. 5040
A bill to protect the right of a student to assert
conscientious objection to providing certain counseling or other
services; to prohibit certain actions by institutions of higher
education; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "Julea
Ward freedom of conscience act".
Sec. 3. A public degree or certificate granting college,
university, junior college, or community college of this state
shall not discipline or discriminate against a student in a
counseling, social work, or psychology program because the student
refuses to counsel or serve a client as to goals, outcomes, or
behaviors that conflict with a sincerely held religious belief of
the student, if the student refers the client to a counselor who
will provide the counseling or services.
Sec. 5. (1) A person who alleges a violation of this act may
bring a civil action for appropriate injunctive relief, or actual
damages, or both within 90 days after the occurrence of the alleged
violation of this act.
(2) An action commenced under subsection (1) may be brought in
the circuit court for the county where the alleged violation
occurred, the county where the complainant resides, or the county
where the educational institution is located.
(3) As used in this section, "damages" means compensation for
injury or loss caused by each violation of this act, including
reasonable attorney fees.