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Kentucky Supreme Court Sided With Print Shop Owner Who Denied LGBTQ Organization Due To Religious Beliefs

November 8, 2019

 

A Kentucky Supreme Court unanimously rules in favor of a print shop owner from Lexington, Kentucky, who refused to print messages on products that “violated his deeply hard religious beliefs.”

 

This case isn’t by any means new or recent. It dates back to 2012 after the Gay and Lesbian Services Organization (GLSO) filed a complaint against Blaine Adamson, the print short owner, with the Lexington-Fayette Urban County Human Rights Commission. The complaint alleged that Adamson denied a request from GLSO to print shirts for the Lexington Gay Pride Festival. 

 

According to news outlets, Adamson allegedly declined the service request, citing his Christian beliefs, but did refer GLSO to a different printer who was “willing to print the shirts.”

 

GLSO’s complaint alleged Adamson was discriminating against LGBTQ+ people by refusing to print the shirts.

 

In 2014, the Lexington-Fayette Urban County Human Rights Commission ruled that Adamson had to print messages or text on products; even if it meant the messages did not reflect his religious beliefs. The case went through Kentucky court system, all of the levels ruling against the Lexington-Fayette Urban County Human Rights Commission’s ruling, and several years later, ended up being heard in Kentucky’s Supreme Court. 

 

Adamson received help in court from Alliance Defending Freedom (ADF) and was represented by ADF’s Senior Counsel Jim Campbell in the Supreme Court hearing. According to the Daily Wire, ADF maintained the Adamson had “demonstrated that he ‘serves all people, including LGBT customers,’ as he he did when his shop, Hands On Originals, printed promotional materials for an openly lesbian singer who performed at the Lexington’s 2012 Pride festival.”

 

This wasn’t the first time Adamson declined to print messages that went against his Christian beliefs, according to news reports. Adamson reportedly took a “consistent stand” on free speech and allegedly refused to print other messages and images that went against his beliefs such as refusing to print shirts with violent messages, shirts that advertised a strip club and pens that promoted a “sexually explicit video.”

 

After the Kentucky Supreme Court ruled in favor of the print shop owner, ADF released a press statement, which states that it was “clear that this case should have never happened.”

 

Read the press release below:

 

“FRANKFORT, Ky. – The Kentucky Supreme Court handed a victory Thursday to Lexington promotional print shop owner Blaine Adamson. In its ruling, the Kentucky Supreme Court unanimously affirmed, as Alliance Defending Freedom attorneys argued from the beginning, that the Gay and Lesbian Services Organization did not have a legal right to sue Adamson or his business, Hands On Originals, for declining to print a message that violates his religious beliefs.

 

“Today’s decision makes clear that this case never should have happened. For more than seven years, government officials used this case to turn Blaine’s life upside down, even though we told them from the beginning that the lawsuit didn’t comply with the city’s own legal requirements,” said ADF Senior Counsel Jim Campbell, who argued before the state high court on Adamson’s behalf earlier this year. “The First Amendment protects Blaine’s right to continue serving all people while declining to print messages that violate his faith. Justice David Buckingham recognized this in his concurring opinion, and no member of the court disagreed with that.”

 

ADF attorneys explain that the Hands On Originals decision highlights why the U.S. Supreme Court should take up the important First Amendment issue at the heart of the case and decide whether governments may force creative professionals who serve everyone to print messages or create art that violates their beliefs. Last month, Washington floral artist Barronelle Stutzman asked the Supreme Court to hear her case and resolve that question. This is the second time she has petitioned the high court. And Colorado cake artist Jack Phillips is facing the third lawsuit that has been filed against him. Meanwhile, the Arizona Supreme Court and the U.S. Court of Appeals for the 8th Circuit both recently ruled in favor of other creative professionals represented by ADF attorneys.

 

Throughout Adamson’s case, he received broad public support, including from lesbians who own a print shop in New Jersey and agree that promotional printers shouldn’t be forced to print messages they consider objectionable. In addition, the Kentucky Supreme Court received 13 friend-of-the-court briefs in support of Adamson, including briefs from Gov. Matt Bevin and 10 states. The court received only one brief in support of the government.

 

The Kentucky Supreme Court wrote in its opinion in Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals that “this matter must be dismissed because the Gay and Lesbian Services Organization, the original party to bring this action before the Lexington-Fayette Urban County Human Rights Commission, lacked statutory standing to assert a claim against Hands On Originals under the Lexington-Fayette Urban County Government ordinance.” [abbreviations omitted]

 

In a concurring opinion, Justice David Buckingham said that “Hands On was in good faith objecting to the message it was being asked to disseminate.” He also explained, quoting what the U.S. Supreme Court wrote last year in Janus v. AFSCME, that “[w]hen speech is compelled…, individuals are coerced into betraying their convictions. Forcing free and independent individuals to endorse ideas they find objectionable is always demeaning….” No member of the court disagreed with what Buckingham wrote.

 

The case began in 2012 when Adamson declined to print shirts with a message promoting the Lexington Pride Festival, an event that the GLSO hosted. Although Adamson declined to print the shirts because of the message that would have been on them, he offered to connect the GLSO to another printer who would have made the shirts. Adamson has printed other materials for a lesbian musician who performed at the festival.

 

The GLSO filed a complaint with the Lexington-Fayette Urban County Human Rights Commission—despite eventually receiving the shirts for free from another printer. In 2014, the commission ruled that Adamson must print messages that conflict with his faith when customers ask him to do so. After that, all three levels of the state court system ruled in Adamson’s favor.

 

“The commission wasted taxpayer dollars and judicial resources by pressing this complaint in the first place and then appealing it all the way to the Kentucky Supreme Court,” said ADF-allied attorney and co-counsel Bryan Beauman of Sturgill, Turner, Barker & Moloney, PLLC. “We hope that going forward the commission will respect the free speech rights of its citizens.””

 

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