CWA Files Brief in Aloha Bed & Breakfast v. Cervelli

CWA Files Brief on Important Religious Liberty Case

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Aloha Bed & Breakfast v. Cervelli Phyllis Young operates the “Aloha Bed & Breakfast” out of her home, renting about three rooms to guests in Hawaii. The house is a…

Women and The Kavanaugh Effect

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Forget about a blue or red wave. What we saw in the Senate races last night was the Kavanaugh Effect. After the fundamentally unjust treatment of now-Justice Brett Kavanaugh in…

Election Night Recap: Judges, Judges, Judges

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The one thing that doesn’t change one bit after the tonight’s election results is that the great work that President Donald J. Trump is doing to confirm constitutional judges at…

Legal Blurb Blog

CWA Files Brief on Important Religious Liberty Case

By | Hawaii, LBB, News and Events, Religious Liberty | No Comments

Aloha Bed & Breakfast v. Cervelli

Phyllis Young operates the “Aloha Bed & Breakfast” out of her home, renting about three rooms to guests in Hawaii. The house is a four-bedroom house that is not sectioned off. Guests are treated as part of the family during their stay.

For these reasons, as a Christian, Phyllis applies the same rules to guests that she would to family members. She does not facilitate sexual relationships outside of marriage as defined by her Christian beliefs. This means that she would not rent one room to unmarried couples or those in a same-sex relationship.

When two women in a same-sex relationship sought to rent a room with her, Phyllis declined, and they filed a complaint with the Hawaii Civil Rights Commission for sexual orientation discrimination.

The Alliance Defending Freedom, representing Phyllis, argued that Hawaii’s public accommodation law, which makes sexual orientation discrimination unlawful, did not apply in this situation because of the nature of the business (renting only three rooms in her primary residence).

The Constitution also protects the free exercise of religion so that Phyllis should have the right not to promote behavior that her faith teaches is immoral. She should be able to conduct her small business in a way that can respect her deeply held religious beliefs.

As we have seen in other cases, the lower courts have ordered Phyllis to violate her Christian beliefs if she wants to make a living. This is a plain violation of the First Amendment to the U.S. Constitution. Americans should be able to operate a business according to their deeply held religious beliefs and without being compelled to endorse a government-approved view that contradicts those.

That is why Concerned Women for Americas has joined a brief asking the United States Supreme Court to take the case and reverse the lower court’s decision penalizing Mrs. Young for refusing to condone that which is contrary to her faith. In it, we argue:

Mrs. Young, the homeowner, acted out of her religious conviction that renting a single room to other than a married husband and wife would engage her in facilitating and endorsing immoral sexual conduct. She not only held a sincere belief to that effect, well buttressed by Biblical teaching, but her action in refusing quarter to the unmarried and same-sex cohabitants was conduct protected by the First Amendment’s prohibition of state interference with her free exercise of religion and with its similar prohibition of interference with her freedom of assembly, which incorporates the right not to associate with those engaging in behavior with which one disagrees.

The brief was filed alongside the Billy Graham Evangelistic Association, Samaritan’s Purse, the National Association of Evangelicals, the Congressional Prayer Caucus Foundation, the National Legal Foundation, and the Pacific Justice Institute sending a strong message to the Court of the importance of the religious liberty interests and concerns at play.

Please continue to pray for this case and the justices as they consider this case in the coming weeks.

Election Night Recap: Judges, Judges, Judges

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The one thing that doesn’t change one bit after the tonight’s election results is that the great work that President Donald J. Trump is doing to confirm constitutional judges at every level of the federal courts will continue for the next two years.

This is great news. The foundation that President Trump and the Republican leadership in the Senate, led by Senate Majority Leader Mitch McConnell (R-Kentucky) and Senate Judiciary Chairman Chuck Grassley (R-Iowa), are building will pay dividends for our Republic for many years, even decades after the President is out of office.

President Trump broke the record for appellate judges confirmed in the first two years of the presidency with 29. He also confirmed 53 district level judges and, of course, two excellent Supreme Court Justices.

The new senate will elect new leadership, which might mean a new Chairman in the Senate Judiciary Committee. If Sen. Grassley decides to step down from that role (I certainly hope he doesn’t!), the post is expected to go to Sen. Lindsay Graham (R-South Carolina) who was one of the big heroes in defense of Justice Kavanaugh, so we can expect the same type of commitment to the confirmation of judges going forward.

It is worth noticing that the Kavanaugh effect was also palpable tonight.  Some of the biggest surprises of the night were losses directly related to the injustice committed against now Justice Brett Kavanaugh.  Both Sen. Joe Donnelly (D-Indiana) and Heidi Hietkamp (D-North Dakota) voted against Justice Kavanaugh, ignoring the majority of people in their state who wanted them to support due process, instead of succumbing to the radicals calling for a presumption of guilt. They paid a heavy price.

As of this writing, Sen. Claire McCaskill (D-Missouri), who also voted against Kavanaugh, is also in trouble, although the race is too close to call at the moment.

On the other hand, Democrat Sen. Joe Manchin (West Virginia) who ultimately voted to confirm Kavanaugh, despite of the pressure radical liberals inflicted on him, won big.

The message is clear. The voters rejected the mob mentality that tried to destroy an honorable man in the name of political power.

This is very good news for our political discourse going forward.

On the other hand, the Democrats are expected to regain control of the House of Representatives, as of this writing (10:53pm). This was expected, given the historical precedent of mid-term elections.

They will be pushed, no doubt, by the radical left to spend considerable time on an agenda to investigate and derail President Trump. We must be prepared to stand up against such an approach. And insist that they attend instead to the people’s business.

Mario Diaz, Esq. is CWA’s general counsel. Follow him on Twitter @mariodiazesq.