Tuesday, July 2, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, October 18, 2018
Lesbians Mandatory? Aloha B&B Case Appealed to US Supreme Court
By Andrew Walden @ 4:55 AM :: 5473 Views :: First Amendment, Small Business

by Andrew Walden

In February, the Hawaii Intermediate Court of Appeals ruled that a small live-in B&B must obey public accommodations law in a case where two lesbians attempted to gain entry into a Christian home.

Now, attorneys representing Aloha Bed and Breakfast are appealing to the United States Supreme Court.

(UPDATE Nov 28, 2018: 'Distributed for Conference' set for January 4, 2019.)

Here is an excerpt from the Writ of Certiorari filed October 10, 2018:

QUESTIONS PRESENTED

Phyllis Young, a retiree, rents three bedrooms in her family home using the name Aloha Bed & Breakfast to make ends meet. She welcomes everyone as guests provided they abide by her “house rules,” including that no romantic partners share a bedroom unless they are a married man and woman. When a same-sex couple tried to reserve a bedroom in advance, Mrs. Young explained that accommodating them would violate her religious beliefs, cited Hawai`i’s Mrs. Murphy exemption, and referred the couple to a nearby friend who was happy to host them.

The Hawai`i Intermediate Court of Appeals judicially rewrote the “Mrs. Murphy exemption” for the first time in Mrs. Young’s case, holding that it applied only to long-term rentals. The Court then declared Mrs. Young’s family home a place of public accommodation, and held her in violation of state public-accommodations law. This renders her liable for compensatory, treble, and punitive damages, statutory fines, and ruinous attorney fees and costs in conflict with this Court’s precedent and decisions by the Second, Third, Fourth, Fifth, and D.C. Circuits.

The questions presented are:

1. Whether holding Mrs. Young liable without fair notice that her actions could be unlawful violates the Fourteenth Amendment’s Due Process Clause.

2. Whether the Commission’s efforts to punish Mrs. Young for exercising her religious beliefs in her own home violate the First Amendment’s Free Exercise Clause.

PDF: WRIT 211 pgs

Amici:

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii