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New York Couple Fined for Discrimination Against Same-Sex Couples

Couple Jennie McCarthy and Melisa Erwin posing

Jennie and Melisa were denied the right to hold their wedding at the Gifford’s farm.

Same-sex marriage has been legal in the state of New York since 2011, but there are still business owners in the state who are slow to accept the legal and social change. Cynthia and Robert Gifford, owners of Liberty Ridge Farm in upstate New York recently found themselves at the heart of a debate that pitted the rights of same-sex couples against the rights of business owners.

The couple identify as devout Christians and claim they are not homophobic, having had openly gay employees at their farm in the past. However, when Melisa Erwin called the farm in 2012 to inquire about booking a gay wedding for her and her partner, Cynthia informed her that the farm did not book weddings for same-sex couples.

Legal Fallout

Following the refusal, Erwin and her partner Jennifer McCarthy took a record of the conversation to the New York state Division of Human Rights. New York law prevents businesses from discriminating against customers on the basis of race, gender, or sexual orientation, and Ewing and McCarthy believed that the Giffords were clearly in violation. Though members of the clergy in New York may opt out of performing a gay wedding, the same rights don’t extend to those associated with the marriage industry. A New York judge, Migdalia Pares, agreed with the couple and ruled that the Giffords’ farm was a “public accommodation” and subject to anti-discrimination laws.

The Giffords were required to pay a hefty fine: $10,000 to the state and $1,500 each to Erwin and McCarthy. The Giffords countered by allying with a lawyer from Alliance Defending Freedom, an organization devoted to defending the civil right to religious freedom. As of November, 2014, the case is in appeals.

Similar Cases around the Country

Since Erwin and McCarthy filed their suit in New York, similar cases have sprung up around the country. In Oregon, a bakery that refused to sell a wedding cake to a same-sex couple was forced to pay hefty fines. In Colorado, a baker in a similar case was ordered by a judge to begin selling cakes to same-sex couples. Finally, in a high profile case in New Mexico, a wedding photographer claimed that she was allowed to refuse service under her First Amendment rights.

Our Commitment to Same-Sex Unions

We, the Universal Life Church, believe that it is not only unlawful but also immoral for those in the wedding industry to refuse service to same-sex couples. State and local laws forbid discrimination, and attempting to subvert these laws by hiding behind a smoke screen of religious freedom is at best disingenuous.

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