Governor Andrew Cuomo today praised the
decision by the Appellate Division of the New York State Court of
Appeals in Gifford, et. al., v. McCarthy, et. al. The Court 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.
“We do not tolerate discrimination in New York State – it’s not who we are, and it doesn’t reflect our values,” said Governor Cuomo. “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 for their wedding. 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, which promptly investigated the matter. 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.
Yesterday the Appellate Division, Third Department, confirmed the Division’s determination in its entirety, 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.”
The Court dismissed the argument that Liberty Ridge LLC and its owners were entitled to constitutional exemption from the law because of their religious beliefs about marriage. The Human Rights Law contains 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.”
New York, the Court explained, has an “extremely strong statutory policy of eliminating discrimination.” (Citations and internal quotations omitted.). The Court noted 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.”
Source: Press Office, Governor Andrew M. Cuomo
“We do not tolerate discrimination in New York State – it’s not who we are, and it doesn’t reflect our values,” said Governor Cuomo. “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 for their wedding. 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, which promptly investigated the matter. 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.
Yesterday the Appellate Division, Third Department, confirmed the Division’s determination in its entirety, 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.”
The Court dismissed the argument that Liberty Ridge LLC and its owners were entitled to constitutional exemption from the law because of their religious beliefs about marriage. The Human Rights Law contains 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.”
New York, the Court explained, has an “extremely strong statutory policy of eliminating discrimination.” (Citations and internal quotations omitted.). The Court noted 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.”
Source: Press Office, Governor Andrew M. Cuomo
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