From The Daily Signal, by Leslie Ford & Ryan T. Anderson, August 19, 2014
Should the government be able to coerce a family farm into hosting a same-sex wedding?
In a free society, the answer is no. Family farms should be free to operate in accordance with the beliefs and values of their owners. Government shouldn’t be able to fine citizens for acting in the market according to their own—rather than the government’s—values, unless there is a compelling government interest being pursued in the least restrictive way possible.
But the New York State Division of Human Rights doesn’t see things this way. On August 8, it fined Cynthia and Robert Gifford $13,000 for acting on their belief that marriage is the union of a man and woman and thus declining to rent out their family farm for a same-sex wedding celebration. The Human Rights Commission ruled that “the nature and circumstances of the [Giffords’s] violation of the Human Rights Law also warrants a penalty.”
This is coercive big government run amok.
Here’s the back story. In 2012, Melissa Erwin and Jennie McCarthy contacted the Giffords to rent the family’s barn for their same-sex wedding ceremony and reception. Cynthia Gifford responded that she and her husband would have to decline their request as they felt they could not in good conscience host a same-sex wedding ceremony at their home. The Giffords live on the second and third floor of the barn and, when they host weddings on the first floor, they open part of the second floor as a bridal suite.
The Giffords have owned and operated Liberty Ridge Farm in Schaghticoke, New York for over 25 years. Like many small farm families, they often open the farm to the public for events like berry picking, fall festivals, and pig racing.
Should the government be in the business of “re-educating” its citizens to change their moral beliefs?
They also open their home for weddings and receptions. When the Giffords host weddings, they are involved in every aspect of the wedding planning and celebration: they greet and drive guests in their farm trolley, decorate the barn, set up floral arrangements, arrange fireworks displays, and provide catering. As the Human Rights Commission ruling even points out, “the only wedding-related service Liberty Ridge Farm does not offer is providing the official for the wedding ceremony.”
As many brides know, planning a wedding requires hours of careful work to organize in order to pull off the celebration—hours during which family businesses operating venues like the Giffords’ actively participate in the weddings they host. The Giffords believe that as free citizens running a business, they should have the right to decline to participate in an event that does not reflect their values.
Unfortunately, New York’s Human Right’s law (Executive Law, art. 15) creates special privileges based on sexual orientation that trump the rights of business owners. Because the Giffords’ family farm is open to the public for business, New York classifies it as a “public accommodation” and then mandates that it not “discriminate” on the basis of sexual orientation.
Of course the Giffords were not engaging in any insidious discrimination—they were acting on their belief about the nature of marriage. They do not object to gay or lesbian customers attending the fall festivals, or going berry picking, or doing any of the other activities that the farm facilitates. The Giffords’ only objection is to being forced to abide by the government’s views on sexuality and host a same-sex wedding. The Human Rights Commission has now declared this historic belief about marriage to be “discrimination.”
The Giffords must pay a $1,500 mental anguish fine to each of the women and pay $10,000 in civil damages penalty to New York State. If they can’t pay in 60 days, a nine percent interest rate will be added to that total. Like Jack Phillips of Masterpiece Cakeshop, the Giffords must also institute anti-discrimination re-education classes and procedures for their staff.
The question before all citizens is whether this law and this fine are just. Should the government be able to force family businesses to betray their consciences and participate in ceremonies that violate their beliefs? Should the government be in the business of “rehabilitating” consciences or “re-educating” its citizens to change their moral beliefs about the definition of marriage?
Government should not create special legal privileges based on sexual orientation and gender identity. Instead, government should protect the rights of Americans and the associations they form to act in the public square in accordance with their beliefs. The Giffords’ case illustrates the growing conflict between religious liberty rights and laws that grant special privileges based on sexual orientation and gender identity. In a nation founded on limited government and religious freedom, government should not attempt to coerce any citizen, association, or business into celebrating same-sex relationships.