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Supreme Court Won’t Hear B&B’s Anti-LGBTQ “Religious Freedom” Case

The case is still working through the lower courts, where the lesbian couple has won a favorable decision.

The Supreme Court has decided Monday not to take up the case of a Hawaii bed and breakfast owner who declined to rent a room to a lesbian couples over objections to same-sex marriage on religious grounds.

That decision leaves a lower court opinion against the proprietor of Aloha Bed & Breakfast, Phyllis Young, and in favor of the couple, Diane Cervelli and Takeo Bufford. Cervelli and Bufford filed a charge of discrimination with the Hawaii Civil Rights Commission in 2008, and last year, the Hawaii Intermediate Court of Appeals issued a ruling affirming Young had engaged in discrimination. It left pending any damages to be awarded, CNN reports.

According to Young's lawyers, she is a Christian "who believes that she is morally responsible for the sexual activity that takes place under her roof."

Her attorneys asked the Supreme Court to take up the case before a final verdict had been handed down, making it an unlikely bid. The high court rarely takes up a case that is still working its way through the lower courts. Late last year, the court also declined the Trump administration's request to take up the transgender military ban before the lower courts had issued their rulings.

The case is reminiscent of the Masterpiece Cakeshop ruling, in which the Supreme Court handed a narrow victory to a baker who refused to make a cake for a same-sex wedding, deciding that his complaint wasn't fairly heard. It left the Constitutional question unanswered.

More recently, the cake shop owner, Jack Phillips, has sued the state of Colorado again, this time after a transgender attorney, Autumn Scardina, asked for a birthday cake that would also pay homage to her transition, which happens to coincide with the day she was born.

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