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Farm Owners Say First Amendment Allows Them To Deny Accommodation

ALBANY, N.Y. (CBSNewYork/AP) — A lesbian couple urged the New York State Division of Human Rights Wednesday to rule that an upstate wedding venue broke the law when it refused to book their wedding last year.

Melisa and Jennie McCarthy, formerly of Albany, filed the complaint against Liberty Ridge Farm outside Albany in October 2012. They’re asking for unspecified damages and an order telling the farm not to reject customers based on sexual orientation.

Attorneys from the New York Civil Liberties Union argued Wednesday before the Division of Human Rights that the 100-acre farm is a business open to the public and subject to the state’s anti-discrimination laws.

“We are asking for some damages. We are not asking for very much,” NYCLU attorney Mariko Hirose said.

More important is an anti-discrimination order to the wedding venue in one of the first such cases since New York legalized same-sex marriage in June 2011, Hirose said afterward. She and the couple, who married in August at another farm in upstate New York, said they expect to pursue the case in an appeal to the courts should they lose at the state agency.

Administrative Law Judge Migdalia Pares, who conducted the hearing, asked for additional documents and is expected to make a recommendation in several weeks. It will be up to Commissioner Helen Diane Foster to accept or amend the recommendation.

In an NYCLU newsletter article, Melisa and Jenny McCarthy said they picked Liberty Ridge Farm after seeing an advertisement for its “indoor and outdoor wedding venues with breathtaking views that dazzle and delight,” and “the ultimate in country elegance.”

But the women said they were told same-sex couples were not welcome to marry there.

“Having your relationship judged as somehow unworthy is incredibly hurtful and disheartening and we want to ensure that other couples do not have to undergo the same treatment,” Melisa McCarthy was quoted by the NYCLU.

A spokesman for farm owners Robert and Cynthia Gifford said the farm is a private business on private property. Their First Amendment freedom of religion trumps state law and allows them to “conscientiously object” to something they don’t believe is appropriate, said Stephen Hayford of New Yorkers for Constitutional Freedoms. He declined to say Wednesday whether they would pursue an appeal if the ruling didn’t go their way.

The farm owners’ attorney, James Trainor, argued that only part of the family farm is open to the public, that the wedding ceremonies and receptions are done occasionally under contract in fenced-off areas at their home and that the civil rights provisions don’t apply.

The Giffords, who testified they were each raised as Christians, one Baptist and one Catholic, acknowledged similar religious beliefs about marriage. “It’s one man and one woman as in the Bible,” Robert Gifford said.

Cynthia Gifford said they welcome everyone and have had employees who are gay, but she acknowledged telling Melisa McCarthy in a phone call last year that there was “a little bit of a problem” with her inquiry about getting married there.

“We don’t hold same-sex marriages here at the farm,” Gifford said in a recording of the phone call, recorded by Jennie McCarthy and played at the hearing.

The couple, who now live in New Jersey, both testified that they had their hearts set on the farm wedding, that getting rejected by a business because of who they are was hurtful and it took them several months to find another rustic venue.

“Our goal in this was to ensure this doesn’t happen to somebody else,” Jennie McCarthy said.

Trainor said the farm lost business as a consequence. He asked the judge to note that if she rules against them and considers fines and civil penalties that the Giffords have already suffered financially.

“I did not think people could be so mean and so vindictive,” Cynthia Gifford said, including people who didn’t know her or the situation posting messages on the farm’s Facebook page. “I can’t go against my core values.”

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(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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