Wedding Venue Must Pay $13,000 For Refusing A Lesbian Couple's Wedding

Liberty Ridge Farm describes themselves on their Facebook page this way:

Agricultural Service · Public Places & Attractions.

It was that "Public Places" that did them in.

The owners of Liberty Ridge Farm in Schaghitcoke, New York, have been ordered to pay $13,000 in fines and restitution to Jennifer and Melisa McCarthy, who were refused an accommodation for their wedding because they are lesbians.

In October 2012, Jennie Erwin and Melisa McCarthy decided Liberty Ridge Farm, a popular venue for weddings in upstate New York, would be the perfect place to hold their "rustic" wedding. It is hard to argue Liberty Ridge isn't in the wedding business; it offers wedding planning services which it advertises on a wedding blog. But when the couple tried to secure their date, they were turned away by the owner.

Feeling the sting of that discrimination, the couple tried again, but this time they taped the phone call in which the owner tells them Liberty Ridge Farm does not host same-sex weddings. Then they filed a complaint with The New York State Division of Human Rights.

Melisa:

    "It's not right for a business to pick and choose clients in terms of who they approve of when it comes to their sexual orientation."

Cynthia and Robert Gifford, who own Liberty Ridge, took the position that the First Amendment supersedes New York's non-discrimination law. A spokesman for the couple said the Giffords believe:

    "...that they are protected under religion and (sic) allows them to object to participating in an activity they find problematic."

liberty.jpgCynthia and Robert Gifford immediately became heroes of the Religious Right. The pundits made Liberty Ridge Farm, which hosts corporate events and charges daily admission, sound like a tiny Mom and Pop operation. They framed the complaint as Christianity under attack. 

Arguments concerning the complaint were heard in November 2013. The Giffords argued Liberty Farms was their "private property", noting the family lived on the premises. They claimed their "religious liberty" gave them the right to choose what events they host on their farm, and they insisted a wedding exception should be made to New York's public accommodation statute because of their “specific religious belief regarding marriage”, which they envisioned as applicable only to wedding ceremonies and receptions and not the other services they offer on their property.

According to WNYT, Cynthia Gifford broke down on the witness stand. Weeping, she stated that it would be impossible for her to go against her core values. Both Cynthia and Robert testified that their definition of marriage is "between one man and one woman, under God."

The New York State Division of Human Rights disagreed. Last week they ruled that Liberty Ridge Farm counts as a public accommodation because it regularly collects fees for space, facilities, services, and meals, and therefor cannot be considered “distinctly private.” They also said the fact that the Giffords live on the property does not render it private, and that the state’s laws do not provide for a "wedding" exception. They then assessed a $13,000 fine, with $10,000 to be paid to New York State and $3,000 to go to the McCarthys.

And in the happy ending department: Melisa and Jennie had a lovely wedding at a more friendly venue. NCRM