The article, This is no time to weaken state Civil Rights Commission, makes its major point here:
".. the state Constitution directs the Commission to investigate alleged discrimination against any person because of religion, race, color or national origin and to "secure the equal protection of such civil rights without such discrimination.Judge Feikens' bias, like the commission's, is in favor of affirmative action regardless whether it is warranted, achieves its purpose, is deleterious to blacks, or ultimately unconstitutional. His op-ed misapplies Article-1 Section II to petition signers claiming they didn't understand what they signed. But the real violation of equal protection and "civil and political rights" was committed by BAMN and the commission itself when they conspired to obstruct citizens' rights to exercise their constitutionally protected franchise to draft petitions, gather signatures, and shape their government.
".. if complaints of discrimination are brought before the commission and its members believe them to be credible, they are obligated to pursue those complaints... To do anything less would be a failure to do the job they were appointed to do, and indeed a dereliction of their duty as public servants sworn to uphold the laws of Michigan and the United States."
In this specific instance the opinion itself is discriminatory because it seeks to protect the civil rights of one party at the expense of another, which is what affirmative action is all about--more discrimination. Worse, the opinion and the issue brought before the civil rights commission wasn't that the complainants were discriminated against but that they didn't understand what they were signing. It's unclear to what extent the state constitution protects ignorance or tempermentalism, but it clearly protects citizens' rights to amend the constitution by petition.
If being misled is a violation of civil rights politicians would never be allowed to speak or act. Democracy is necessarily caveat emptor, but we can correct mistakes at the ballot box or by petition when our elected candidates haven't the political will to do what citizens feel must be done.