Written by Don Byrd
Via Religion Clause, a New York appeals court has upheld an award of damages and a $10,000 fine against a wedding venue charged with refusing wedding ceremony services to a same-sex couple. The court rejected arguments by the owners of the for-profit venue that the ruling, which applied state law forbidding discrimination by businesses of public accommodation on the basis of sexual orientation, violated their religious freedom rights.
Here is an excerpt from the ruling:
While we recognize that the burden placed on the Giffords’ right to freely exercise their religion is not inconsequential, it cannot be overlooked that [the State Division of Human Rights’ (SDHR’s)] determination does not require them to participate in the marriage of a same-sex couple. Indeed, the Giffords are free to adhere to and profess their religious beliefs that same-sex couples should not marry, but they must permit same-sex couples to marry on the premises if they choose to allow opposite-sex couples to do so. To be weighed against the Giffords’ interests in adhering to the tenets of their faith is New York’s long-recognized, substantial interest in eradicating discrimination. Discriminatory denial of equal access to goods, services and other advantages made available to the public not only “deprives persons of their individual dignity,” but also “denies society the benefits of wide participation in political, economic, and cultural life.” Assuring the citizens of New York “equal access to publicly available goods and services [thus] plainly serves compelling state interests of the highest order.” Balancing these competing interests, we conclude that petitioners failed to show that SDHR’s determination constituted an unreasonable interference with the Giffords’ religious freedom.
Think Progress reports that the Alliance Defending Freedom is considering an appeal. Stay tuned.
