Monday, January 28, 2019

Does a Printer Have a Religious Right Not to Print a Brochure for an LGBTQ Group?


A reporter with Crain’s Chicago Business posed this scenario to me today:

Citing religious beliefs, a printer declined to print a brochure for LGBT Community Fund, one of six "identity funds," focused on a specific population, housed at Chicago Community Trust. The LGBT Community Fund is filing a complaint with the Illinois Department of Human Rights this coming week.
Here is what happened: About two weeks ago the creative director at the marketing communications firm hired to design the brochure sent the files for the brochure to the print shop. The project was ready to go, and the owner of the shop had quoted the price and put the job on the shop's schedule.
 After the designer sent him the files to print, the owner called her and said he could not do the job based on his religious beliefs.
 The owner found the designer another print shop, which matched the price and completed the job on time.
The owner says that he is a Christian and his beliefs in Scripture caused him to turn down the job. It is a family-owned business.
Again, he was asked only to print the brochure. He did not design or create it. And, just for the record: The designer of the brochure is not gay or lesbian.
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Here is my answer:
If the printer is relying on the Supreme Court’s decision in Masterpiece Cake Shop, he will be disappointed that the ruling does not protect his religious beliefs in this instance. The Court’s ruling was narrow, relying heavily on the fact that the Commissioners expressed hostility to religion in ruling against the cake maker.  As long as Illinois officials handle the LGBTQ group’s complaint without voicing religious antipathy, they will be free to enforce its very broad no-discrimination policy.

The other aspect to note is that these religious freedom cases are narrowly focused on wedding ceremonies. They involve cake makers, photographers, and wedding venues. Because marriage and weddings are so closely identified with religious beliefs, some courts side with the purveyors of services. 

The printer in this case seems to be saying, essentially, that he has a religious right to avoid doing business with all people of the LGBTQ community. No court has come close to defining religious freedom so expansively.
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Coincidentally, I received this note via email today. It speaks for itself:

Hello Michael ,
I saw that you mentioned nclrights.org here in http://profleroy.blogspot.com/2015/07/can-state-outlaw-city-ordinance.html and I wanted to share my gratitude for your work on the promotion of LGBTQ-related issues.
I’d like to suggest that you also share an important LGBTQ online safety guide which came out recently. Did you know that 73% of LGBTQs have been harassed online due to sexual orientation or gender identity? This guide aims to empower them and give them the tools to protect themselves online.
I like how they give a few tips and practical suggestions for each situation.
Thanks for helping protect LGBTQs online.

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