December 30th, 2008
The Transplanted Lawyer at Not a Potted Plant blogsite provides another perspective about the decision to allow a lesbian couple to go forward with their lawsuit against the Ocean Grove Meeting Association for its refusal to rent the couple the boardwalk Pavilion for their civil union. In my commentary, I focused on the finding of the New Jersey Division on Civil Rights that one lesbian couple’s suit could advance. He finds more relevance in the fact that another lesbian couple was denied.
That two couples suing the Association with different results brings a contrast, one that should provide comfort to those worried about the infringment on religious rights and one that further illustrates the dishonesty in the way in which anti-gays have spun the story.
In Bernstein v. Ocean Grove Camp Meeting Association, a lesbian couple wanted to perform a civil union ceremony at a beachside facility owned and operated by a [Methodist] faith organization (it appears to not be a church per se, but it affiliates and identifies with [Methodist] Christianity). The New Jersey agency investigating the complaint found probable cause to permit the charge of discrimination proceed. But, in Moore v. Ocean Grove Camp Meeting Association, another lesbian couple wanted to perform their civil union ceremony at the exact same facility. In that case, no probable cause was found. Both case results were announced on the same day — yesterday.
Same facts, same defendant, same facility, decided on the same day, but different results.
The reason for different results is because the circumstances had changed. When Bernstein requested usage, the Pavilion had been used for a wide variety of purposes – religious and non-religious – including weddings of people of all faiths or no faith at all. All that was required was to pay a fee. Thus it was a “public accomodation”. And the sole reason for rejection of Bernstein’s usage of this public accomodation was that their union was of persons of the same sex.
But when Moore requested usage, the Association had changed their policy and tightened the purpose of the Pavilion. They no longer allowed weddings in the space at all and limited those who were allowed use of the space based on religious affiliation. Thus, the space was no longer a public accomodation but private property with restricted use. Therefore, religious exemptions again applied.
He further noted that this process, presenting one’s discrimination case before a board before a lawsuit, is further protection for religious bodies.
The Transplanted Lawyer found three lessons:
the first lesson is that someone who claims to be the victim of discrimination cannot immediately walk into court and file a successful lawsuit. They must present their charge to a state or federal agency for investigation first, and that agency has to investigate and decide if there’s any merit.
there is the second lesson about the law of discrimination. You are subject to the requirements of non-discrimination only if you are engaged in something called a “public accommodation.” So if you don’t want same-sex wedding ceremonies in your church, don’t rent your church out to people who are not members of your church’s congregation.
That’s the third lesson — [when invoking freedom of expression,] commercial activity does not enjoy the same level of Constitutional protection as expressive activity.
I found the arguments well thought out and easy to comprehend. And I think that the Tranplanted Lawyer very well expressed the moral of this story:
When the church stops being a church and starts being a banquet hall, then yes, it is vulnerable to a discrimination lawsuit because it’s not acting like a church anymore. The message to churches that are opposed to same sex marriages is “stay true to your faith and the law will be on your side.”
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.