NY Court Upholds Same-Sex Marriage Discrimination Ruling

The Appellate Division of the New York State Court of Appeals affirmed an earlier determination by the State Human Rights Division that the owners of Liberty Ridge Farm had illegally discriminated against Melissa and Jennifer McCarthy in refusing to rent their venue to the couple for their wedding.

Gov. Andrew M. Cuomo applauded the decision in in Gifford, et. al., v. McCarthy, et. al.

“We do not tolerate discrimination in New York State – it’s not who we are, and it doesn’t reflect our values,” Cuomo said in a prepared statement. “We believe that all people, no matter whom they love, must be treated equally under the law. This ruling says loud and clear that same-sex couples cannot be discriminated against on the basis of their sexual orientation, and I applaud the Court for continuing to place New York State on the right side of history.”

The McCarthys, like numerous couples before them, wanted to rent Liberty Ridge Farm near Albany, for their wedding, state officials said.

When one of the owners refused to rent to them, stating “we do not hold same-sex marriages here at the farm,” the couple filed complaints with the New York State Division of Human Rights.

Following a public hearing, the Commissioner of Human Rights found that Liberty Ridge Farm, LLC, and its owners discriminated against the McCarthys on the basis of their sexual orientation in violation of the Human Rights Law.

The Appellate Division, Third Department, confirmed the Division’s determination in its entirety, the governor’s office pointed out, holding that “Liberty Ridge’s wedding facilities fall comfortably within the broad definition of ‘place of public accommodation” and Liberty Ridge and its owners “discriminated on the basis of sexual orientation when they refused to host the McCarthys wedding on the premises.”

The Court noted that the owners “purported willingness to offer some services to the McCarthys does not cure their refusal to provide a service that was offered to the general public.”

Liberty Ridge’s owners had argued that they were entitled to constitutional exemption from the law because of their religious beliefs about marriage. New York’s law allows exemptions for religious organizations.

However, the Court noted that the record did not show that the farm was operated for a purpose other than “making a profit through service contracts with customers.”

The Court said that the determination by New York’s Division of Human Rights “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.”