Hawaii Supreme Court Issues Influential Decision

After a Hawaii court issued a decision that a bed and breakfast discriminated in denying a room to a same-sex couple, the Hawaii Supreme Court unanimously upheld it.

After a Hawaii appeals court issued a decision that a bed and breakfast discriminated in denying a room to a same-sex couple, the Hawaii Supreme Court rejected an appeal of the lower court’s ruling. While this case stands in contrast to a recent decision by the U.S. Supreme Court regarding discrimination, it represents the decision of states to uphold protections for the LGBTQ community. It also comes after Hawaii recently passed legislation prohibiting the use of conversion therapy in the state.

The Court’s Decision

This decision comes after the United States Supreme Court ruled that a Colorado baker was shown animus by the Colorado Civil Rights Commission when he refused to produce a wedding cake for a gay couple.  That decision, while a win for the baker, sidestepped the major constitutional issues of whether a business can cite religious objections as a way to refuse service to LGBTQ individuals.

How the Case Arose

When a same-sex couple attempted to book just one bed for the night, the bed and breakfast’s owner canceled the reservation on the basis that it made her uncomfortable. In support of the bed and breakfast’s owner, it was argued that the decision could affect her home. As a result of the cancellation, the same-sex couple filed complaints with the Hawaii Civil Rights Commission. After considering the event, the commission ruled that the business illegally discriminated against the couple and granted the couple “right to sue” notices. As a result, the couple filed a lawsuit in 2011.  

The Law Behind the Decision

Federal laws prohibit discrimination in public accommodations based on a person’s color, disability, national origin, race, or religion, but do not prohibit discrimination on the basis of a person’s gender identity, sex, or sexual orientation. As a result, many states have passed laws prohibiting discrimination on the basis of a person’s gender identity or sexual orientation in public accommodations, and Hawaii is one of those states. Many cities and counties have also passed laws prohibiting gender discrimination.

The Influence of the Case

The case is not yet over, and the bed and breakfast’s owner plans on pursuing other legal options. While some people responded that the Hawaii decision is in contrast to that made by the United States Supreme Court, the latter ruling was narrow in nature and may not significantly influence other opinions. There is another case in Arizona where an appeals court ruled against Arizona calligraphers who also declined to provide services to a same-sex couple based on religious grounds.

Following LGBTQ Developments

It remains to be seen what influence the Hawaii Supreme Court’s decision will have on other courts in the country. The case is also another notable development in the struggle for LGBTQ rights. Each month, the Universal Life Church strives to document the numerous changes involved in the progression of rights for LGBTQ individuals. Our blog strives to explain matters in a way that is easily accessible to all.

(image courtesy of Samuel Holt)