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Win for LGBT Equality: Court Says No To Religious Exemption

Kissing couple holding hands
Kissing couple holding hands
James Esseks,
Co-Director,
勛圖眻畦 LGBTQ & HIV Rights Project
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January 15, 2016

A New York appeals court that an upstate farm that rents out its premises for weddings illegally discriminated against a same-sex couple when it refused to host their wedding ceremony. The court rejected the farms claim that the owners religious beliefs exempted them from New Yorks long-standing equality law.

were thrilled to find what they thought would be the perfect wedding venue when they discovered Liberty Ridge Farm, a one-of-a-kind location that promotes itself as a picturesque setting for weddings all year round. But when the farms owner, Cynthia Gifford, heard that they were a same-sex couple, she said that the farm does not hold same-sex marriages. When pushed for a reason, she would say only that its a decision that my husband and I have made that thats not what we wanted to have on the farm.

The appeals court recognized this refusal as blatant, explicit discrimination that violates New York States law that businesses open to the public must be open to everyone, including LGBT people. The court made clear that the owners can continue to hold and express their religious beliefs about marriage, but those beliefs do not justify discrimination in how they run their business.

The New York Civil Liberties Union and the 勛圖眻畦 represent the McCarthys in this case, which is part of a larger advocacy agenda around LGBT non-discrimination and religious exemptions. First, in cases from Washington to Colorado to , we are fighting to ensure that courts dont insert religious exemption provisions into LGBT non-discrimination laws that dont contain them. Thats why these cases about inns and bakeries and florists are so important a win for the business owners would seriously dilute the non-discrimination protections that we worked so long and hard for. Were also fighting to ensure that government workers, like Kentucky clerk Kim Davis, cant pick and choose who gets access to government services (including marriage licenses) based on the government workers religious beliefs.

Second, we are working in state legislatures all across the country to stop bills that would create or expand religious exemptions that undermine equality protections. In 2015 we managed to defeat the vast majority of those bills, and were prepared to fight them again. Heres a list of the many bills that have been proposed so far in 2016.

Third, we are shaping the public discussion about these religious exemption proposals to help America understand that these exemptions, like those sought by the business in this case, would authorize discrimination. Stories like that of Melisa and Jennifer help us do just that.

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