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Saturday, December 8, 2018
Will US Supreme Court Hear Lesbian Home Invasion Case?
By Andrew Walden @ 5:24 PM :: 5140 Views :: First Amendment, Small Business

by Andrew Walden

The US Supreme Court is showing interest in the Aloha Bed and Breakfast lesbian home invasion case.

Akamai readers will remember that in 2007 two lesbian soldiers in the culture war got themselves turned away by Phyllis Young, Christian owner of Hawaii Kai Aloha Bed and Breakfast.  They then sued claiming, contrary to years of legal precedent, the small in-home BnB was a ‘public accommodation’ and they had been illegally discriminated against.

They won in a Hawaii Intermediate Court of Appeals ruling issued this February and the Hawaii State Supreme Court on July 9th, 2018 refused to hear the case. 

As explained in Young’s ‘Writ of Certiorari’ to the US Supreme Court, October 10, 2018:

“The Hawaii Intermediate Court of Appeals judicially rewrote the ‘Mrs. Murphy exemption’ for the first time in Mrs. Young’s case, holding that it applied only to long-term rentals.”

On November 29 the US Supreme Court asked the State of Hawaii to file a response to Young's Certiorari request (No. 18-451 Aloha Bed & Breakfast, v. Diane Cervelli, et al). The State’s response is due January 2.  The high court has Aloha BnB 'Distributed for Conference' –to decide whether to hear the case--on January 4, 2019.

State Attorney General’s spokesperson Krishna F. Jayaram tells Hawai'i Free Press: "The AG’s office, on behalf of the Hawai'i Civil Rights Commission, intends to oppose Aloha B&B’s cert petition."

To be brought before the US Supreme Court, four of the nine justices must vote to accept the case. Of thousands of petitions, the Court grants only 100-200 each year. 

Attorney Jim Hochberg explains:

In Masterpiece, the Supreme Court made it clear that government hostility toward people of faith has no place in our society. The state of Hawaii has been openly antagonistic toward Phyllis’ religious beliefs. Rather than respecting her right to peacefully live out her faith, the government has chosen to target Phyllis, ignoring its own laws in the process.

The First Amendment’s promise is that people of good will are free to live out their beliefs without facing government hostility or punishment. That is why Phyllis’ case is so important, whether you agree with her or not. Tolerance is a two-way street.


Feb, 2018: Vacation Rental Home Is "Public Accommodation" -- Lesbians are Mandatory

Oct, 2018: Lesbians Mandatory? Aloha B&B Case Appealed to US Supreme Court


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