SCOTUS Says 'No' To Anti-LGBTQ Bed & Breakfast

The U.S. Supreme Court declined the hear the appeal of a bed & breakfast owner in Hawaii who refused to host a same-sex couple due to her religious objections over homosexuality.

The initial lawsuit, Aloha Bed & Breakfast v. Dianne Cervelli, stems back to an incident in 2007 when Cervelli contacted the B&B owner, Phyllis Young, about accommodations.

Cervelli indicated there would be two guests as she would be traveling with her same-sex partner, Taeko Bufford.

According to the complaint, Young asked “Are you both lesbians?” Young then refused to board the couple saying she was uncomfortable having lesbians in her home.

The couple filed complaints with the Hawaii Civil Rights Commission which found Young had illegally discriminated against the couple. Hawaii’s public accommodation law clearly bars discrimination based on sexual orientation.

The Associated Pressreportedthat Young told the commission she is Catholic and feels that homosexuality is wrong. She felt her decision to deny accommodations to the couple was protected by her right to free exercise of her religious beliefs under the First Amendment.

Lambda Legal filed a lawsuit on behalf of the couple in 2011, along with the Hawaii Civil Rights Commission as co-plaintiffs. 

In April of 2013, the Hawaii First Circuit Court ruled in favorof Cervelli.

Young appealed the ruling, and in February 2018, the Hawaii Intermediate Court of Appeals upheld the lower court’s decision.

The B&B owner tried to take her case to the Hawaii state Supreme Court, but the high court refusedthe hear the appeal last year.

In October, Young filed a petition to have her appeal heard at the U.S. Supreme Court.

As SCOTUS has declined to take up the case, Young has exhausted her legal options and the ruling by the lower court will stand.

Peter Renn, counsel for Lambda Legal’s Western Regional Office, celebrated the news.

“The Supreme Court’s decision to let the lower court ruling stand reaffirms that the freedom of religion does not give businesses a right to violate nondiscrimination laws that protect all individuals from harm, whether on the basis of race, gender or sexual orientation,” said Renn in a statement to the Washington Blade. “The Supreme Court declined to consider carving out an exception from this basic principle when a business discriminates based on the sexual orientation of its customers.”

“LGBT people deserve an equal right to go about their everyday life without the fear that discrimination waits for them around the corner,” he added.

Hawaiian Singer's National Anthem Goes Viral

Willie K sings the national anthem at Aloha Stadium

Over the weekend, Hawaiian singer and musician Willie K was tapped to sing the national anthem at Aloha Stadium in Honolulu.

Keeping the lyrics by F. Scott Fitzgerald, Willie K made the song his own, and went viral in doing so.

According to folks on Twitter, Willie is considered a state treasure and currently battling lung cancer.

Watch below.

I can assure you you have never seen the Star-Spangled Banner performed like this before. pic.twitter.com/Rc8eO9uPid

— Timothy Burke (@bubbaprog) October 21, 2018

As always, folks had their opinions about the performance.

This first tweet is from U.S. Sen. Brian Schatz of Hawaii.

Willie K is a national treasure. https://t.co/utJapUZVOJ

— Brian Schatz (@brianschatz) October 22, 2018

I think it's horrible at best. The National Anthem isn't a song you can make your own. The song was owned by a country and it's lyrics etched in blood. It's not a game show song, so quit playing with it. Sing it as it is written.

— JD (@JD1043) October 21, 2018

Actually it’s a poem set to the music of a fraternity song about having a huge penis but please go on https://t.co/LHgKY7EgoI

— Timothy Burke (@bubbaprog) October 21, 2018

This is not the national anthem!

— Brad Stevens' Shoes (@minijoo) October 21, 2018

The hell you talking about? This is the best rendition I've heard in a long time

— Vote 11/6 (@bradbrennan) October 21, 2018

Normally, I would be against a rendition like this, saying that it doesn’t sound like the anthem. But, wow, Willie K, that voice. It may not have sounded like the anthem, but it sounded like something straight from the heart. Beautiful. https://t.co/QZ5Ud6nLHS

— Josh Pacheco (@Joshontheradio) October 21, 2018

Hawaii football game opens with most beautiful national anthem rendition | Listen to Willie K's soulful version of The Star-Spangled Banner.

| https://t.co/OyhcWU0Jqd

— Rocketnews (@Rocketnews1) October 21, 2018

Amazing.....from WillieK, Hawaiian legend....this is good stuff....usually I’m not a fan of messing with the star spangled banner, but this leaves you with lump in your throat.....just incredible https://t.co/daR4SjQxdy

— marc polymeropoulos (@Mpolymer) October 22, 2018

Podcast: Emmy Nominations, Harry Styles, 'Gay Panic' Defense & More

In this week's podcast:

• The Trump administration is raiding HIV/AIDS programs to pay for further family separations at the U.S. border

• Hawaii’s Supreme Court declines to review a bigot’s appeal after being found guilty is LGBTQ discrimination

• UK pop star Harry Styles admits, “There a little bit of gay in all of us”

• This year’s Emmy Awards nominations had a lot of love for the gays

• 'Queer Eye' and 'Pose' both get renewed for additional seasons

• Out indie artist Parker Matthews is "Feelin' Right"

All that and more in this episode of The Randy Report

Hawaii: State Supreme Court Refuses To Review Ruling Against Anti-LGBTQ B&B Owner

In 2007, Diane Cervelli and Taeko Bufford of Long Beach, California, traveled to the Aloha state to visit a friend who had just given birth.

The child apparently was having some health issues at the time, so the couple decided to seek accommodations nearby. The closest option was The Aloha Bed & Breakfast.

But when the couple called Phyllis Young, owner of The Aloha B&B in Honolulu’s Hawaii Kai area, Young told the couple same-sex relationships are "detestable" and “defile our land.”

Hawaii’s public accommodation law specifically bans establishments that provide lodging to transient guests from discriminating on the basis of sexual orientation, race, color, ancestry, religion, disability and sex —including gender identity or expression.

Later that year, Cervilli and Bufford filed a complaint with Hawaii’s Civil Rights Commission.

Although Young asserted she had the right to discriminate since her business was in her home, the commission determined Young had openly discriminated against the couple.

Cervilli and Bufford consequently filed a lawsuit against Young in 2011.

In 2013, a Hawaii First Circuit Court judge ruled that Young had violated the state’s public accommodation laws and ordered her to stop discriminating.

Young appealed the decision and in February of this year, the Intermediate Court of Appeals affirmed the lower court ruling.

In a last ditch effort, the B&B owner asked the state’s Supreme Court to review the case. The high court declined to do so today, and effectively affirming the lower court ruling that Young had discriminated.

Earlier this year, Bufford told QVoiceNews, “I can’t tell you how much it hurt to be essentially told, ‘we don’t do business with your kind.’ It still stings to this day.”

“We thought the days when business owners would say ‘We’re open to the public – but not to you’ was a thing of the past,” she added. “You don’t have to change your beliefs,” she said, “but you do have to follow the law just as everyone else does.”

Lambda Legal Senior Attorney Peter Renn hailed the decision saying in a statement:

“In letting the existing decision stand, Hawai‘i today joined a long line of states across the country that understand how pernicious and damaging a religious license to discriminate would be.”

“In fact, since the U.S. Supreme Court’s narrow ruling in Masterpiece Cakeshop in early June, three state courts – in Arizona, Oregon and now Hawai`i – have either ruled against or refused to review rulings against business owners who have claimed religious justifications to discriminate.”

Hawaii's Governor Signs"Ex-Gay" Therapy Ban Into Law

Hawaii News Now reports the good news that the Aloha state is now the 12th in the country to legally ban so-called "conversion therapy" for minors.

Hawaii is now the 12th state in the country with a law that prohibits therapists from offering so-called “conversion therapy” to minors. Conversion therapy, the practice of trying to change a person’s sexual orientation, gender identity or gender expression, is universally rejected by national organizations that guide accepted practices for licensed psychological professionals and is considered a pseudoscience.

But it remains pervasive in some corners. The new law, signed by the governor Friday, applies to psychiatrists, social workers, counselors, and marriage and family therapists. Act 13 also establishes a temporary sexual orientation task force in the state Health Department to address concerns from minors who see counseling on sexual orientation, gender identity or gender expression. The law goes into effect July 1.

“Today I signed SB 270, which prohibits therapists from offering ’sexual orientation change efforts’ or ’conversion therapy’ to patients under the age of 18,” Ige wrote on Facebook.

“Overwhelming scientific research has shown that ’conversion therapy’ is not effective and frequently has lasting, harmful psychological impacts on minors,” Ige continued. “This practice is neither medically nor ethically appropriate.”

“I’m proud to join the 11 other states who have banned conversion therapy and send a strong message to our LGBT youth: that sexual orientation is not an illness to be ’cured’—we accept you just the way you are. #BornPerfect.”

The practice of "conversion therapy" on minors has also been banned in California, Connecticut, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, the District of Columbia, and about three dozen cities and counties.

News Round-Up: May 25, 2018

(image via kenneth-in-the-212)

Some news items you might have missed:

• I don't know who this guy is, but Kenneth-in-the-212 found him and I just had to look at him some more... ;)

• Even with the recent announcement that the NFL will fine players who take a knee during the national anthem, New York Jets owner Christopher Johnson says he'll pay any fine levied against his players.

• Out country artist Ty Herndon talks about the upcoming Concert for Love & Acceptance.

• LGBTQ people are leaving hostile countries in Asia for the more accepting lands of New Zealand.

• George Takei says he bears no ill will towards his accuser who has now walked back his accusation that Takei sexually assaulted him almost 40 years ago.

• Here's the setup: On the UK series Celebrity Juice, TV personality Mark Wright and comedian Joel Dommett complete an obstacle course while passing a banana between their mouths because...?

Who cares?

Hawaii Bans Harmful "Ex-Gay" Therapy

Lawmakers in Hawaii approved a bill on Friday that bans the practice of so-called "conversion therapy" on LGBT minors.

"This has been a priority of the caucus for years," said Michael Golojuch, chair of the LGBT Caucus of the Democratic Party of Hawaii, told Hawaii News Now. "(The measure) ensures that LGQTB youth will not be tortured by mental health professionals."

Governor David Ige is expected to sign the bill into lawl

Hawaii joins similar bans in California, Connecticut, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, the District of Columbia, and several local municipalities.

News Round-Up: April 10, 2018

WWE star Fin Balor

Some news items you might have missed:

• WWE wrestler and LGBT ally Fin Balor is totally on my InstaHunk radar now, and it's easy to why ;)

• Add Hawaii to the list of state's moving to outlaw so-called "ex-gay therapy." SB-270 has been approved by both the state Senate and House. Due to amendments made in the House, the bill goes to conference before heading to the governor's desk for his signature.

• Following the success of teen coming-out romantic comedy Love, Simon, Netflix has announced a new gay high school rom-com titled "Alex Strangelove" from producer Ben Stiller set to debut June 8.

• Five years ago, Michael Johnson was accused of “recklessly” exposing multiple partners with HIV while he was a college student and sentenced to 30 years in prison by a jury stacked with white, HIV-negative heterosexuals, most of whom said they thought being gay was “a sin.” His parole has been granted but he won't be released for another 18 months.

•  Remember Republicans hammering Hillary Clinton for giving speeches to Goldman Sachs after she left the State Department? Well, it turns out Donald Trump received $150K for an appearance via Skype to a Ukrainian billionaire while running for the Republican presidential nomination. #WTF?

• In celebration of their debut album, Treehouse, out this Friday, duo Sofi Tukker releases the new video for single "Batshit," featuring Tucker's debut as the lead vocalist.

“We are introducing him as exactly what he is: Batshit Crazy. It’s as ridiculous and colorful as he is. And we love it," says the duo.

That pretty much sums up the wild desert electro-pop romp that is "Batshit." Check it out below :)

Hawaii Appeals Court Rules Against B&B For Turning Away "Detestable" Lesbian Couple

Good news from the Aloha State!

Hawaii's Intermediate Court of Appeals upheld a lower court ruling on Friday that found the owner of Aloha Bed & Breakfast discriminated against California couple Diane Cervelli and Taeko Bufford when the owner refused to rent them a room based on their sexual orientation.

Hawaii has a very clear public accommodation law which requires equal access to facilities and services regardless of race, gender, religion or sexual orientation.

So, it probably didn't help business owner Phyllis Young when she admitted the turned the women away because, in her view, homosexual relationships were "detestable" and "defiled the land."

Way to lose a court case, Phyllis.

LGBT legal eagles Lambda Legal represented the couple in the lawsuit.

"This has never been a case about the money," said Jennifer Pizer of Lambda Legal. "It's really been about a civil rights law that needs to protect everyone, it needs to be real and it needs to be followed. When people come for a vacation or other reasons to visit in Hawaii, everyone should be treated equally."

(source)

Jeff Sessions: "I Am Amazed That A Judge Sitting On An Island" Can Block Trump Travel Ban

Attorney General Jeff Sessions

CNN is reporting on Attorney General Jeff Sessions' frustrations with a federal judge in Hawaii who blocked President Trump's travel ban from Muslim-majority countries.

Sessions shared his thoughts during an appearance on "The Mark Levin Show" Tuesday night.

“We’ve got cases moving in the very, very liberal Ninth Circuit, who, they’ve been hostile to the order,” Sessions said. “We won a case in Virginia recently that was a nicely-written order that just demolished, I thought, all the arguments that some of the other people have been making. We are confident that the President will prevail on appeal and particularly in the Supreme Court, if not the Ninth Circuit. So this is a huge matter. I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the President of the United States from what appears to be clearly his statutory and Constitutional power.”

Last month, a federal judge in Hawaii, Judge Derrick Watson, issued an order that blocked Trump’s ban on travelers from several Muslim-majority countries. The Department of Justice is currently appealing the decision.

The two U.S. Senators from Hawaii didn't take kindly to the characterization of "an island in the Pacific" by Sessions:

Hey Jeff Sessions, this #IslandinthePacific has been the 50th state for going on 58 years. And we won’t succumb to your dog whistle politics

— Senator Mazie Hirono (@maziehirono) April 20, 2017

Mr. Attorney General: You voted for that judge. And that island is called Oahu. It's my home. Have some respect. https://t.co/sW9z3vqBqG

— Brian Schatz (@brianschatz) April 20, 2017

(h/t JoeMyGod)

Hunky Hump Day: Gus Kenworthy In Hawaii

Via the hunky and handsome Olympic medalist Gus Kenworthy's Instagram:

"Against TLC's advice, we DID go chasing waterfalls..."

Updated: Democrats Caucus In Washington, Alaska & Hawaii

UPDATE:

************************************************

Three states will hold their presidential caucuses today - Washington, Alaska and Hawaii.

The caucus format has done very well for Sen. Bernie Sanders, so expectations are high that he could sweep all three contests. However, given that all delegates are awarded proportionally, I wouldn't look for Sanders to close the delegate gap too much today, although I'm sure he will walk away with a net gain.

Clinton currently holds the lead in pledged delegates by about 303. Washington is the big prize today with 101 delegates; Alaska will award 16, and Hawaii 25.

In that these are caucuses, there has been little to no polling done for today.

Expectations are high in Hawaii for Sanders. One Clinton supporter told Politico regarding Clinton's chances in Hawaii: “He's going to crush us. He should win this thing 2-to-1 at least,” the aide said of Sanders prospects. “If we keep this below 65-35 I'd be shocked.”

Tuesday is Wisconsin's turn to chime in on the presidential sweepstakes. The most recent poll shows former Secretary of State Hillary Clinton leading there by 6 points.

Then, after a couple of weeks off, the Dems return to the ballot box with contests in New York, Pennsylvania, Maryland, California and New Jersey. Current polls show Clinton leading by sizeable numbers in all of those states.

But that can all change. We shall see.

Video: Gorgeous Surprise Wedding For Same-Sex Couple In Hawaii

Check out this really fab surprise wedding in Hawaii. One of the grooms serves in the Air Force and the other just completed his enlistment in the Marine Corps.

Wedding are SO emotional :)

The Hawaii Visitors and Convention Bureau — the private, nonprofit marketing organization for the tourism industry — released an emotional video on Monday featuring the surprise wedding of Christian Alarid and Shayne Barnes, an Oahu couple whose family and friends traveled to Honolulu to see the two men tie the knot. The video and teasers for it quickly went viral, with more than 6.5 million total views on social media by Tuesday afternoon.

Now known as the Alarids, the two had gotten engaged last June. They had been planning a 2016 wedding and had agreed to be models in an HVCB wedding photo shoot last August on the Big Island, after which HVCB staffers had a brainstorm. What if the bureau surprised the couple by organizing a picture-perfect surprise ceremony in Honolulu?

(h/t JMG)

Hawaii Supreme Court To Hear Marriage Equality Challenge - AGAIN

With over 3,000 same-sex couples married in Hawaii, GOP state Rep. Bob McDermott is like a dog with a bone as he takes the issue back to the state's Supreme Court saying the Legislature did not have the authority to pass marriage equality into law last year.

From the court's docket notice:

On appeal to this court, Respondents contend that the trial court erred in denying their motion for temporary restraining order and preliminary injunction, and in granting the Petitioners’ motion for summary judgment.

Respondents argue, inter alia, that the Hawai`i Marriage Equality Act is unconstitutional because in 1998, the people of Hawai`i voted to amend article 1, section 23 of the Hawai`i Constitution to state that “the legislature shall have the power to reserve marriage to opposite-sex couples.”

Respondents argue that the intent of this amendment was to constitutionally reserve marriage to opposite-sex couples, so the legislature was not authorized to pass the Hawai`i Marriage Equality Act.

In response, Petitioners argue that article 1, section 23 allows the legislature to reserve marriage to opposite-sex couples, but does not require it to do so. Petitioners also argue that Respondents lacked standing to bring this lawsuit.

The hearing is scheduled for 11AM Hawaii time.

Hawaii Haters Get Another Swipe At Same-Sex Marriage

Even though Hawaii has enjoyed marriage equality for a year, and even though 1,800 same-sex marriages have taken place in the state during that time, anti-gay Rep. Bob McDermott has won his chance to bring the issue to the state supreme court at least one more time.

On Dec. 18, the state’s high court will hear oral arguments in the challenge brought by Rep. Bob McDermott, a Republican in the Hawaii Legislature. The basis of his case: Hawaii voters opposed same sex marriage in 1998 by a vote of 69.2 percent to 28.6 percent on a amendment that read: “The legislature shall have the power to reserve marriage to opposite-sex couples.”

Most voters believed they were reserving marriage to opposite-sex couples only in 1998, McDermott said, because the amendment clearly restricted the power of the Legislature on this issue, not expanded it. “The people spoke on this issue in 1998 in a clear voice. To ignore them is to disregard and disenfranchise their 1998 vote,” McDermott said. “I defy anyone to explain how those ballot instructions mean they can exercise the exact opposite of the will of the people regarding marriage. Who owns the government, politicians or the people?”

McDermott first filed a court challenge to the law while it was still being debated at the Legislature last November. “Some people fail to realize that we won on two of the three issues contested in the second hearing, as to standing and the language of the amendment, respectively,” McDermott said.

Road Rage in Hawaii

From the YouTube clip description: "This lady was looking down at something, maybe on her phone or something else but there was a good car and a half length of free space in front of her so I changed lanes (she was completely still, not moving at all waiting for red light to change).

"As I made my turn I could hear the lady's horn blaring. I looked in my rear view and I could see she was visibly upset. She continued to tail gate me and follow me closely. She then tried to either overtake me or get on the side of me to try and run me off the road. She did this a few times.

"I slowly drove the speed limit and made it to a shopping center near by. At this point the lady continued to follow me and I knew she wasn't going to let me go so I took out my phone and started recording her. The following is what happened."

Please note the small child in the woman's front seat. She's driving erratically, swerving in traffic and cursing in front of the child.

What a mother!

(h/t Towleroad)

9th Circuit Court of Appeals oral arguments end

From Buzzfeed's über-fab legal eagle on LGBT issues, Chris Geidner:

9th Circuit marriage cases are done. Plaintiff same-sex couples in ID & NV will succeed, likely 3-0 on equal protection grounds.
— Chris Geidner (@chrisgeidner) September 8, 2014

Oral arguments in 9th Circuit Court today for Idaho, Nevada and Hawaii

Today at 1pm Pacific time, the 9th Circuit Court of Appeals will hear oral arguments regarding marriage equality for Idaho, Nevada (my home state), and Hawaii.

You can watch via YouTube below or by going to www.ca9.uscourts.gov and clicking the website’s link, “Live Oral Arguments.”

Idaho will get a full hour (equally split for both sides) for oral arguments.  Nevada will follow with 30 minutes total, and then Hawaii will have 20 minutes to make each side's case.

If you want to follow the Twitter conversation, look for hashtag #9thCircuit

Ninth Circuit panel selected for marriage equality cases in Hawaii, Nevada and Idaho

According to Equality Case Files, the three-judge panel selected for next week's 9th Circuit Court of Appeals hearings on marriage equality bode well for the good guys.

The Nevada, Idaho and Hawaii cases will be heard consecutively next Monday, September 8th beginning at 4pm in San Francisco.

9th Circuit panel for #NV, #ID, #HI marriage cases announced: REINHARDT, GOULD and BERZON @LambdaLegal @NCLR @EqualityNevada
— Equality Case Files (@EQCF) September 1, 2014

Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force.
— Equality Case Files (@EQCF) September 1, 2014

Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny). #9thCircuit #ssm
— Equality Case Files (@EQCF) September 1, 2014

All judges on 9th Circ panel for ID HI & NV marriage cases have supported heightened scrutiny for sexual orientation discrimination @EQCF
— Dr. Gregory Herek (@DrGregoryHerek) September 1, 2014

Hawaii Gov. Neil Abercrombie blames marriage equality support for primary loss

Hawaii Gov. Neil Abercrombie is pointing to his support of marriage equality for his lop-sided loss in the recent Democratic primary for reelection.

The winner, state Sen. David Ige, also supports marriage equality and voted for it during the special session called by Abercrombie last year to pass the new law. But Abercrombie told reporters, according to the Associated Press and Honolulu Star-Advertiser, that his theory is "Republicans crossed over en masse" to vote in the Democratic primary as revenge for legalizing same-sex marriage.

As a result, Abercrombie says the loss was worth it. "There's no way I could live with myself if I thought I was diminishing another human being's ability to reach their full capacity," said Abercrombie, according the AP.

Abercrombie was handily defeated, earning only 31 percent of the vote compared to Ige taking 67 percent.

Abercrombie is the first sitting Democratic governor in Hawaii to lose in a primary.

Sen. Ige is heavily favored to win the general election due to the political makeup of Hawaii.