NY Farm Owners Appealing Turkey of a Gay Marriage Court Decision

Jeffdunetz | November 25, 2015
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Once again, the First Amendment to the U.S. Constitution's guarantee of religious freedom takes a back seat to the government's desire to protect same-sex marriage. 

The owners of Liberty Ridge Farm north of Albany New York, refused to host the 2013 wedding of Melisa and Jennie McCarthy, because same sex marriage goes against their faith. The couple complained to the state's Division of Human Rights resulting in a court ordering Cynthia and Robert Gifford (the owners of Liberty Ridge) to pay a $10,000 fine and an additional $3,000 to the two women.

The Giffords were also ordered attend re-education training classes to teach the state’s viewpoint on marriage (which sounds like something out of Orwell's "1984.")

The family appealed and both sides appeared in the Appellate Division of state Supreme Court this week to argue their cases.

It all began in September of 2012 when Melisa and Jennie McCarthy called the Giffords to see if they could hold their wedding at the couple's farm. The venue regularly hosts weddings and other events, along with tours, mazes, and fall festivals. Because of their Christian faith, the Giffords declined. The phone conversation was being taped by the lesbian couple which was used as evidence against the couple.

In 2014, Magdalia Pares, an administrative law judge for the state, found Cynthia and Robert Gifford guilty of “sexual orientation discrimination.” Because Liberty Ridge Farm is open to the public for seasonal activities, such as its annual fall festival, the state of New York classified it as a public accommodation that cannot discriminate on the basis of certain personal characteristics, including sexual orientation.

Since that time, the Giffords have stopped allowing all wedding ceremonies at Liberty Ridge Farm to protect themselves from additional lawsuits. They continue to allow wedding receptions, but the change has put a serious dent in their wedding business. According to Mrs. Gifford:

“We were at 21 weddings per year, [and now] we’re down to five this year,” she said. “It’s not that people don’t want to be here; they truly do. I have more than enough initial meetings with people, but they want the whole package—including the wedding ceremony.”

The owners appealed the decision and both sides appeared in the Appellate Division of state Supreme Court this week. According to the brief filed by their lawyer, James Trainor, the court did not not give enough weight to the Giffords' constitutional right of freedom of religion: 

“[The original decision] violates the Giffords’ free exercise of religion, freedom of expressive association, and freedom of expression protected under the United States and New York Constitutions,” James Trainor, an allied attorney with Alliance Defending Freedom, wrote in the appeal.

The Giffords were found guilty of “sexual orientation discrimination” by an administrative law judge last July.

(...) Because Liberty Ridge Farm is open to the public for seasonal activities such as an annual fall festival, the state of New York classifies it as a public accommodation that therefore cannot discriminate on the basis of certain personal characteristics, including sexual orientation.

“Discrimination in the name of civil rights is as abhorrent as discrimination which does violence to the concept of civil rights,” wrote the administrative law judge.

Trainor also argued that forcing the Giffords into re-education training classes is against the U.S. and New York State constitutions as its purpose would be to change their religious beliefs.

This case will be around for awhile because, according to Trainor, both sides plan on taking the case to a higher court if the appellate court ruling doesn't go their way.

In a way, it is ironic that the appeal of this case is being argued the same week as Thanksgiving, a uniquely American holiday were all families are encouraged to thank the God of their faith for all their blessings. ​But faith is not practiced only on Thanksgiving, nor is it limited to the family dinner table or a house of worship. It is clear that forcing the Giffords to host same sex weddings on their family farm or lose the income from weddings goes against their faith and against the theme of the Thanksgiving holiday. 

The video below of Cynthia Gifford discussing the case was made in 2013 when the case was originally filed.

 

 

 

 

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