The lawyers for the Christian owners of a Minnesota video-services company are firing back after a federal judge there called the couple’s efforts to limit their wedding work to heterosexual couples “akin to a ‘White Applicants Only’ sign.”
Carl and Angel Larsen operate Telescope Media, a video business that the Larsens want to include wedding videos. But they have a problem in the recently amended Minnesota Human Rights Act, which forbids businesses to treat people differently based upon “race, color, national origin, sex, disability (or) sexual orientation.”
Violation of the Human Rights Act could result in fines as high as $25,000 per incident.
The Larsens launched a pre-emptive lawsuit that was rejected last week by federal Judge John Mannheim, who wrote that the effort by the Larsens to film weddings but decline requests to video same-sex ceremonies was “akin to a ‘White Applicants Only’ sign.”
The Alliance Defending Freedom, or ADF, is representing the Larsens. Senior counsel Jonathan Scruggs told WND and Radio America that Judge Tunheim’s rationale is way off base.
“That comparison is entirely false. The Larsens do not discriminate based on of any status,” Scruggs explained. “They are willing to serve all people, including people of all different sexual orientations. They just can’t promote messages they disagree with and events they disagree with. That’s a common-sense distinction.”
He said the judge’s disturbing language did not stop there.
“The court acknowledged that this law was raising First Amendment concerns yet said that was only an ‘incidental burden’ on the Larsens’ First Amendment rights, when they are compelled to create and promote videos of a same-sex wedding ceremony,” Scruggs said.
“That is a direct assault on the First Amendment,” he added. “We’re hopeful that the Eighth Circuit Court of Appeals, which is the appellate court, will be receptive of our arguments to protect the Larsens’ rights.”
Scruggs said a bedrock American constitutional principle is at stake here.
“All Americans should have the right to choose what messages they promote or the messages they don’t promote,” he said. “It is a great burden on our clients’ freedoms for the state to come in and say, ‘You’ve got to create from scratch a video that promotes and honors a same-sex wedding ceremony.”
Listen to the WND/Radio America interview with Jonathan Scruggs:
In just over two years since the U.S. Supreme Court ruled there was a constitutional right to same-sex marriage, Scruggs said, states have clearly put Christians on the defensive – in this case as well as the legal battles over bakers, florists and other business owners who with weddings.
“What you see in all these cases is states using these laws really to attack and restrict the rights of Christians to choose the messages they can and cannot promote,” Scruggs said.
“All these laws are telling people essentially to either toe the line or get out of the marketplace. Literally, Christians are being excluded from the marketplace because they can’t in good faith promote a message they disagree with.”
He said that leaves Christians in a no-win situation.
“We represent people all over the country who are literally facing the choice of closing their businesses or giving up their religious beliefs about marriage,” Scruggs said.
As the legal battle proceeds, he said precedent is on the side of his clients.
“The Supreme Court had held that these public accommodation laws cannot compel speakers to voice messages they disagree with,” Scruggs said. “It really runs right in line with that.”
Among ADF’s clients is Jack Phillips, the owner of Masterpiece Cakeshop, who is at the center of oral arguments at the U.S. Supreme Court later this year.
“It is likely that whatever the Supreme Court rules in Masterpiece will have a large impact, even if it’s maybe not a decisive impact but a large impact, on how these cases [proceed],” Scruggs said. “There is a lot of attention on the Masterpiece ruling, and for good reason.”
No date has been set for oral arguments in the case, but Scruggs suspects they will be scheduled for sometime in November.