Connect with us

National

Court: Facebook posts allow Mich. farmer to refuse service to gays

‘The City singled Country Mill out for special treatment’

Published

on

A federal court has ruled Facebook posts allow a Michigan farmer to refuse to host same-sex weddings. (Photo courtesy Facebook)

A federal court has ruled in favor of a Michigan farmer asserting a First Amendment right to refuse to host same-sex couples at his wedding venue, concluding his Facebook posts announcing the policy are protected under the U.S. Constitution.

In a 16-page decision, U.S. District Judge Paul Maloney, an appointee of George W. Bush, granted Stephen Tennes of Country Mill Farms a preliminary injunction on Friday against the City of East Lansing on the basis that his social media posts “constitute protected activity” under the First Amendment.

“The City focuses on the act of excluding same-sex wedding ceremonies from Country Mill,” Maloney writes. “But, even if that conduct is not protected, Plaintiffs still engaged in protected activity when Tennes communicated his religious beliefs on Facebook in August and December. Even if the City is correct that talking about discrimination is not protected, Plaintiffs also talked about their religious beliefs, which is a protected activity. For the first element in the retaliation claim the City cannot ignore the portions of the Facebook posts that would be protected speech.”

The Charlotte, Mich.-based farmer sued the City of East Lansing after it informed him he could no longer participate in a farmer’s market to sell produce when he declared on Facebook he wouldn’t allow same-sex marriages on his property, which he rents for wedding services.

Tennes wrote a Facebook post saying he believes “marriage is a sacramental union between one man and one woman” based on his Catholic faith in August 2016 after he denied wedding services to two women in 2014 and they encouraged others not to patronize his business.

Although Tennes temporarily suspended all weddings on his property, he later resumed them, but only for different-sex ceremonies. Tennes wrote in a subsequent Facebook post that he reserves a right to “deny a request for services that would require it to communicate, engage in, or host expression that violates the owners’ sincerely held religious beliefs and conscience.”

The City of East Lansing initially allowed Tennes to continue selling produce at its farmer’s market, but asked him no longer to participate as long as that was his policy.

Subsequently, the city denied his application for the 2017 season after it amended its policy to mandate vendors adhere to the city’s human rights ordinance, which bars discrimination on the basis of sexual orientation. That denial prompted Tennes to sue in federal court on the basis the city violated his freedom of speech and religion under the First Amendment.

Maloney concludes the City of East Lansing singled out Tennes for punishment because it amended its human rights ordinance after he declared on Facebook he wouldn’t serve same-sex couples.

“Within months, the City amended its Vendor Guidelines to incorporate the City’s non discrimination ordinance,” Maloney writes. “The City also singled Country Mill out for special treatment by ordering the Farmer’s Market Planning Commission not to invite Country Mill to the 2017 market and by requiring Country Mill’s vendor application to be forwarded to the City for consideration.”

In addition to finding the City of East Lansing violated Tennes’ right to free speech, Maloney determined the municipality violated his freedom of religion.

“A factfinder could infer that the change in the Vendor Guidelines was motivated by Plaintiffs’ religious beliefs or their religiously-motivated conduct,” Tennes writes. “And, the City’s hostility to Plaintiffs’ religion or religious conduct was then manifested when the City used its facially neutral and generally applicable ordinance to deny Plaintiffs’ Vendor Application.”

As a result of the preliminary injunction, the City of East Lansing must allow Tennes to sell produce at its farmer’s market for the remainder of the 2017 season.

In a subsequent Facebook post, Country Mill Farms celebrated the decision and urged supporters to visit its booth at the farmer’s market.

“We are thrilled to be back at the East Lansing Farmer’s Market this Sunday due to the court ruling,” the post says. “For the past 46 years, our family has faithfully served everyone in our community from all different backgrounds and beliefs. We strive to treat everyone with dignity and respect. We will continue to do so as we sell our organic apples, cider, donuts and apple cider slushies at the East Lansing’s farmer’s market, starting again this weekend.”

The City of East Lansing issued a statement expressing disappointment with the ruling and pledging to consider ways to move forward with the lawsuit.

ā€œThe City is disappointed in the Court’s ruling,” the statement says. “The City believes that the Court relied on the Plaintiff’s complaint and disregarded the contrary facts that were set forth in the Defendant’s answer and reply to the Plaintiff’s motion. At the time of the Court’s ruling, the Court also had the benefit of the facts established by the City’s Motion to Dismiss. The City will be considering the seeking of a stay and an appeal of the ruling.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

Published

on

HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.

Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.

King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.

“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR.

The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.

Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”

“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.

Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”

“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
Continue Reading

U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Published

on

U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.

Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.

These included “I Know Why the Caged Bird Singsā€ by Maya Angelou, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy in Black: How Race Still Enslaves the American Soulā€ by Eddie S. Glaude, Jr.Ā 

The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.

In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”

“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.

Continue Reading

Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

Published

on

U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.

DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.

ā€œWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to ā€œhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.

Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā€

According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.

Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.

Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.

Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools — which, likewise, concerned their inclusion of trans student-athletes in competitive sports — was referred to DOJ.

Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.

A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from ā€œterminating, freezing, or otherwise interfering with the state’s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular