Partners Todd and Mark Wathen were "pleasantly surprised" with the Illinois Department of Human Rights' announcement that it found "substantial evidence" two banquet facilities that refused to host their civil-union ceremony violated the pair's civil rights, said their lawyer, Betty Tsamis of Chicago.
Beall Mansion in Alton and TimberCreek Bed and Breakfast in Paxton are accused of violating the civil rights of the Mattoon pair, who, instead, had a ceremony and reception in their backyard in early June.
"We never knew which way the investigation was going to go, despite our confidence in the facts and the law," Tsamis said. "The investigator did a fine job of not showing any bias or predisposed thinking. I know Mark and Todd often felt like they were in the hot-seat from the investigator, but that is part of the process. We always felt we were right, but it helped to have someone in a position of legal authority send a message we interpreted as, 'yes, you are right and now we need to let you take your case to be tried.'
"The recent developments are a step in the right direction. I have always felt there was a violation of the public accommodations/services law and the finding of substantial evidence by [the] IDHR allows us to move this case along expeditiously. We are grateful that [the] IDHR worked hard, with its limited resources, to enable Mark and Todd to take their case before a trier of fact."
Tsamis admitted she was partially surprised by the favorable news. "There is never any guarantee of a positive outcome in a legal matter despite what appears to be strong facts at the outset," she said. "We always sensed Mark and Todd were on the right side of the law and we are happy to see that IDHR agrees with us."
The developments, according to Tsamis, "mean that we received the green light to do one of [multiple] things: explore settlement, request a commission hearing, or file the matter in court.
"On a larger level, these developments send a message to businesses that think it's OK to discriminate against LGBT people and justify it in ways that are not supported by the law. This is the type of case that can set a legal precedent in Illinois and serve as persuasive authority in other jurisdictions where courts are evaluating similar cases.
"The tide of public and legal opinion is turning against those who use religion to deny LGBT people constitutional and legal rights. This case has, unfortunately, been framed by respondents as a religious freedom and expression case when it is nothing more than a failure to comply with well-settled law case. I respect every person's right to observe their chosen religion, but the right to practice one's religion cannot justify wholesale denial of the constitutional and legal rights of an entire class of citizens."
The attorney general's office is still reviewing the case, according to the Chicago Sun-Times.
"I am thrilled for my clients and for the LGBT community," Tsamis said.
