The Illinois Human Rights Commission, on Sept. 15, found that a downstate bed-and-breakfast facility discriminated against a gay couple when the owners told the couple that they do not allow same-sex civil union ceremonies.
Todd and Mark Wathen, of Mattoon, Illinois, were told by the owner of the Timber Creek Bed & Breakfast, in Paxton, Illinois, that the inn did not allow such ceremonies when the couple made inquiries in 2011, according to the commission's published decision.
In an email to Todd Wathen, owner James Walder said, "Civil unions and legal marriage are not the same thing, nor do they have the same legal status. … We will never host same-sex weddings, even if they became legal in Illinois."
After further exchanges, Walder, on Feb. 18, 2011, sent an additional email to Wathen that further laid out his anti-gay viewpoints. "I know you may not want to hear this, but I thought I would send along a couple of verse [sic] in Romans I detailing how the Creator of the Universe looks at gay lifestyle. It's not to[o] late to change your behavior. He is loving and kind and ready to forgive all men their trespasses, including me."
The commission ruled that the Wathens were unjustly denied services in a place of public accommodation, and had proved that they were discriminated against. While Illinois marriage-laws include provisions saying that churches and other religious facilities cannot be compelled to hold same-sex ceremonies, the same does not apply to businesses open to everyone.
"This shows that if you are a business who is open to the public, you can't discriminate on the basis of your religious beliefs," said attorney Betty Tsamis, who represented the Wathens along with Clay A. Tillack and Tai C. Chaiken. "It's a victory that falls in line with some other cases that are going on nationally."
Ed Yonkha, director of Communications and Public Policy for ACLU Illinois, added, "This is the first time that we have an authoritative decision on a case like this in the state. But what doesn't get measured here is how harmful this felt [to the Wathems]. Not only were they denied business, but they were lectured to as well. It is an important victory for them as individuals."
In a Sept. 17 statement, Todd Wathem said, "We are thrilled by this decision … Our hope is that as a result of this decision no other couple will be discriminated against by a facility, florist, baker or other business just because of who they are."