State Joins Coalition Defending LGBTQ+ Anti-Discrimination Law

ALBUQUERQUE — Attorney General Hector Balderas has joined a coalition of 21 attorneys general in filing an amicus brief in support of the constitutionality of New York's anti-discrimination law.

The brief was filed with the United States District Court for the Western District of New York in the case of Emilee Carpenter, LLC v. James. The case was brought by a photography business that is refusing to offer its services to same-sex couples. Specifically, the plaintiffs, Emilee Carpenter and her business Emilee Carpenter LLC, are seeking to post an online notice stating that their services are not for LGBTQ+ couples.

The plaintiffs are claiming New York's anti-discrimination law violates their First Amendment rights to freedom of speech and exercise of religion. Today's amicus filing though supports New York's motion to dismiss the lawsuit and its opposition of the plaintiffs' request for a preliminary injunction.

"Businesses cannot pick and choose the patrons they'll serve for discriminatory reasons," Massachusetts Attorney General Maura Healey, whose state led the brief, said. "We're urging the court to uphold New York's critical anti-discrimination law that ensures the equal treatment of residents and their ability to live their daily lives."

"Refusing service to someone because of who they love or who they are isn't just discriminatory, it's wrong," California Attorney General Rob Bonta added. "All of our communities deserve to be protected. We can't afford to sit back in the face of efforts to undermine lawful protections. As this country faces an explosion of state legislation targeting LGBTQ+ Americans, it's more important than ever that we protect and uphold public accommodation laws."

In the brief, the attorneys general argue that states across the country have enacted laws to prohibit discrimination against LGBTQ+ people in places of public accommodations to prevent severe economic, personal, and social harm. Discrimination by places of public accommodation "denies equal access to important goods and services and, by segregating the market, has a well-established 'substantial and harmful effect' on the economy."

According to the brief, a majority of Americans – 189 million – now live in communities that expressly prohibit places of public accommodation from discriminating on the basis of sexual orientation. Twenty-two states and the District of Columbia currently have such laws.

The brief further argues that prejudice "on account of sexual orientation 'has severely limited or actually prevented access to employment, housing and other basic necessities of life, leading to deprivation and suffering' and fostered a general climate of hostility and distrust, leading in some instances to physical violence.'" The brief points out that the Supreme Court has long held that discrimination in public accommodations is a "unique evil."

The attorneys general argue that the First Amendment does not allow a business to exclude customers in violation of anti-discrimination laws. It also does not protect the speech in advertisements that give notice that places of public accommodations will refuse service on the basis of a protected characteristic.

Finally, the attorneys general call on the Court to follow the Supreme Court's instruction to ensure that LGBTQ+ individuals are not subjected to "indignities when they seek goods and services in an open market."

Joining AG Balderas in filing the brief were the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

The amicus brief was prepared in Massachusetts and filed with the United States District Court for the Western District of New York, in Rochester, NY.

The brief can be read in full at https://www.mass.gov/doc/carpenter-v-james-amicus-brief.