Complaint against religious organization for refusal to allow a lesbian couple to use property for a civil union ceremony

[Volokh, Eugene]

Any thoughts about the complaint at
http://www.stephenhyland.com/2007/06/20/OGCMA.pdf?

It appears that a lesbian couple wanted to hold a civil union ceremony
at a Boardwalk Pavilion owned by the Ocean Grove Camp Meeting
Association, a Methodist religious organization
(http://www.ogcma.org/pages/aboutus).  ("The Ocean Grove Camp Meeting
Association is a ministry organization whose mission is to provide
opportunities for spirtual birth, growth, and renewal in a Christian
seaside setting....  Founded in 1869, the Camp Meeting continues to put
on a vibrant program of preaching, teaching and celebration throughout
the summer months....  The Ocean Grove Camp Meeting Association is a
non-profit corporation governed by a Board of Trustees....  By charter,
all trustees must be members of the United Methodist Church.  At least
ten of these members must be clergy and at least ten must be
non-clergy.")

The Association apparently refused to allow its property to be used for
the ceremony.  The couple is complaining to the New Jersey Division on
Civil Rights that this is unlawful public accommodation discrimination
based on "civil union status," N.J. Stat. Ann. 10:5-12 (here, "impending
civil union status," in the words of the complainants).  "[Respondent's
President] advised [complainants] that while Respondent allows its
facilities to be used for both religious and secular activities, it
would not permit its facilities to be used for civil union ceremonies."


New Jersey has no state RFRA, and New Jersey courts have interpreted the
state constitution as following the Smith model.

Eugene