The managers of a private wedding videography company will be required to offer services to same-sex couples against their will, a judge ruled Wednesday.
Chief U.S. District Judge John Tunheim dismissed the company’s lawsuit against Minnesota’s human rights laws which state that the company is not allowed to show any kind of discrimination against homosexuals, including mandating to whom they must sell their services, according to the Star Tribune. Tunheim wrote in his dismissal of the case that it was not unconstitutional to enforce the Minnesota Human Rights Act (MHRA) provision prohibiting business from practicing discrimination.
“Posting language on a website telling potential customers that a business will discriminate based on sexual orientation is part of the act of sexual orientation discrimination itself,” Tunheim wrote. “As conduct carried out through language, this act is not protected by the First Amendment.”
The judge’s dismal of their case comes after Carl and Angel Larsen sued the Minnesota Attorney General and the Human Rights Commissioner in December. The couple said that the human rights provision is “a state effort to stamp out expression opposing same-sex marriage,” and hoped that they could avoid penalty by asking the judge for a preliminary injunction earlier this year. The judge denied their request.
“They can’t pick and choose who they provide their services to,” said Teresa Nelson, legal director of Minnesota’s ACLU.
“In the event an appeal is filed … [we] will remain steadfast in ensuring that all people in Minnesota continue to be treated fairly by business owners,” Human Rights Commissioner Kevin Lindsey said.
The Alliance Defending Freedom (ADF), which represents the couple, said that its attorneys intend to appeal and continue seeking a preliminary injunction. “When we allow the government to have the power to compel Carl and Angel Larsen to create and promote expression that violates their beliefs there is no limit on that power,” attorney Jeremy Tedesco said.
While the judge mandated that the Larsens provide video services to all clientele regardless of sexual orientation, he did note that they are not required to publish their videos online and can express opposition to same-sex marriage on their website as long as they do not turn away any gay couple that comes to them for videography.
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