The Giffords opened up their Liberty Ridge Farm in upstate New York to the public 15 years ago. They host weddings, receptions, parties, and corporate events, and put on an annual fall festival.
Unbeknownst to Cynthia, McCarthy recorded the conversation. She and Erwin filed a formal complaint with the New York State Division of Human Rights.
The Giffords argued that their farm is their home, not a place of public accommodation, and should therefore not be subject to the anti-discrimination provisions of New York’s Human Rights Law. However, Administrative Law Judge Migdalia Pares of the Bronx rejected their argument, saying that, since they regularly collect fees for the space, facilities, services, and meals, Liberty Ridge cannot be considered “distinctly private.”
The Giffords insist they do not discriminate against people – they have employed gay and transexual people and have hosted events for same-sex couples. Their objection was to hosting the wedding ceremony itself, because it would violate their sincerely held belief that God intended marriage to be between one man and one woman only.
This is not the first time Christians have been attacked for their stance on gay marriage. In Oregon, bakers who refused to make a wedding cake for two lesbians face hundreds of thousands of dollars in fines; in Washington, a florist is facing fines for refusing to provide flowers for the wedding of two gay men; in Colorado, a baker is appealing a judge’s decision that would force him to bake cakes for same-sex weddings and provide his staff with sensitivity training; in New Mexico, the state’s Supreme Court ruled that a photographer could not refuse to shoot gay wedding ceremonies, even though, at the time of the ruling, gay marriage was not legal in the state.
“We’ve gone from tolerance to compulsion,’’ the Giffords’ lawyer, James Trainor, said. “State government should not be forcing people to violate their own religious beliefs, nor should they be forced to make a choice between making a living and violating their own faith.’’
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