Complaints filed against B&Bs over civil unions refusal

by Gary Barlow

Gay Chicago Magazine

Friday February 25, 2011

Two men have filed complaints with the Illinois Department of Human Rights and Illinois Attorney General Lisa Madigan, alleging that two Downstate bed and breakfasts that hold weddings told them they wouldn't host civil unions ceremonies, and that the refusals amount to discrimination based on sexual orientation.

Todd Wathen said owners of the Beall Mansion, in Alton, Ill., north of St. Louis, and TimberCreek Bed & Breakfast, in Paxton, Ill., about 120 miles south of Chicago, told him that they would not schedule a civil union ceremony for Wathen and his partner.

While the Beall Mansion advertises that it holds weddings, officials there responded to Wathen's email inquiry about scheduling civil unions by telling him that they restrict the type of events they allow.

"At this time we don't do civil unions (same sex or opposite sex)," Beall Mansion said in its reply. "Nor do we do wedding rehearsal dinners (same sex or opposite sex.) Nor do we do many other types or events (same sex or opposite sex.) Additional events and services may or may not be added to our repertoire at some time in the future."

The email went on to stress, though, that the Beall Mansion welcomes gays and lesbians as guests.

"All couples (same sex and opposite sex) and singles (male and female) have come and enjoyed our elegant overnight accommodations and all are most genuinely welcome," they told Wathen.

The response from TimberCreek was hardly as cordial. After owner Jim Walder replied that TimberCreek only hosts weddings, not civil unions, Wathen asked why. Walder responded that TimberCreek "will never host civil unions" because "homosexuality is wrong and unnatural based on what the Bible says about it."

In a later email, sent Feb. 15, Walder told Wathen, "The Bible does not state opinions, but facts. It contains the highest laws pertinent to man. It trumps Illinois law, United States law and global law should there ever be any."

Wathen said he was shocked at the tone of the responses, especially from TimberCreek.

"First, I was shocked, then angry and hurt that these businesses would treat a customer this way, that they would try to put their religious beliefs even into this," Wathen said. "When I want to be a paying customer at a business...I should be able to use all their services and not have to pick and choose, because of who we are, and have the owners' religious views come in between that."

Wathen and his partner are being represented by attorney Betty Tsamis, who said the complaint was faxed to IDHR Feb. 18. The attorney general's office, she said, is already looking into the complaint.

The Illinois Human Rights Act prohibits discrimination based on sexual orientation and gender identity in public accommodations. The civil unions law that gives gay and lesbian couples most of the same rights and benefits married couples receive from the state of Illinois goes into effect in June. It includes an exception for religious groups, stating that no church can be forced to sanction or celebrate a civil union if it goes against church beliefs. That exemption does not cover the religious beliefs of business owners; the question for legal officials and IDHR will be whether or not a business that publicly advertises that it hosts weddings is legally required to also host civil unions.

Wathen said while he and his partner are no longer interested in holding a ceremony at TimberCreek or the Beall Mansion, the principle of fighting discrimination matters to them.

"We are getting closer all the time, but we are still going to have business owners out there that are going to try to discriminate against us, and we have to stand up, show them that we will not take it, that they have to abide by the laws of the state of Illinois," Wathen said.

More information about the case is at pridelaw.blogspot.com.

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