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OutFront Minnesota has joined with Minneapolis law firm of Halunen &
Associates to represent a same-sex couple claiming a Rochester health
club is violating state anti-discrimination law by refusing to sell the
couple a family membership.
Amy and Sarah Monson of Rochester have been together for five years
and are raising a daughter. The lawsuit, filed in Olmsted County,
asserts that the refusal of the
Rochester Athletic Club to sell them a family membership because the
parents are not married constitutes discrimination based on sexual
orientation, in violation of the
Minnesota Human Rights Act.
“Every day in our state, in ways great and small, same-sex couples
and their families are denied opportunities and benefits that are
reserved for married couples, on the grounds that they cannot marry,”
says OutFront Minnesota staff attorney Phil Duran. “In most cases,
including this one, there is no objective reason for withholding these
entirely private opportunities from same-sex couples.”
The other attorney in the case, Joni Thome of Halunen & Associates,
says “This case would not affect state law forbidding same-sex couples
from marrying. However, a favorable ruling would benefit same-sex
families by declaring that private businesses cannot arbitrarily deny
them opportunities based only on the lack of a marriage license.”
Notable Points
- This case is not about allowing same-sex couples to marry. A
lawsuit against a private business cannot result in recognition of
marriage for GLBT couples
- This case is not about seeking government recognition or
benefits, since the claim is against a private business
- The Minnesota Human Rights
Act has always affected private business’ conduct
- The Monson family has tried on at least four occasions to
resolve this matter privately with the Rochester Athletic Club, but
the club has refused
- This case is not about forcing someone to violate their private
values, but about ensuring that private businesses obey the law with
regard to public accommodations
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