The Catholic bookstore that sued the City of Jacksonville over the use of gender pronouns has proposed a settlement that, if approved by the court, would allow for-profit businesses to more easily define themselves as religious organizations under Title VII of the Federal Civil Rights Law.
Queen of Angels, owned by Christie DeTrude, sued in the U.S. District Court for the Middle District of Florida after the City approved a Human Rights Ordinance requiring businesses to use pronouns that reflect customers’ professed gender identity or face paying fines and damages.
As previously reported in the Florida Record, the bookstore, through its legal counsel, Alliance Defending Freedom, had requested a preliminary injunction and arguments took place in May before Judge Tim Corrigan.
Frampton
| ADF
“The judged denied the motion for a preliminary injunction without prejudice, wanted the bookstore to refile an amended complaint that dealt with the religious organization issue, and then wanted everyone to move for summary judgment on the religious organization issue,” said ADF attorney Hal Frampton. “In the process of briefing that motion, we came to an agreement with the city.”
The City’s new ordinance also penalizes businesses for posting statements someone could see as unwelcoming, such as explaining the belief that God creates people male or female and that only women can give birth to children.
“What's interesting about the Human Rights Ordinance is it imports the definition of religious organization from Title VII of the Federal Civil Rights Law and we often encounter resistance to characterizing for-profit businesses like this bookstore as an exempt religious organization under Title VII or under any state or local law that incorporates that standard,” Frampton told the Florida Record. “But, the court raised it, and it's clear this particular bookstore, because of the way it operates even though it is for-profit, is very much a religious organization.”
Title VII of the Federal Civil Rights Law protects employees and job applicants from discrimination based on race, color, religion, gender and national origin.
The City of Jacksonville argued that the lawsuit is a pre-enforcement case and that plaintiffs are required to wait until a complaint is filed against the bookstore before litigating a constitutional claim.
But when Judge Corrigan ruled on the plaintiff’s motion for preliminary injunction and the defendant’s motion to dismiss, the court held that the bookstore does have standing to bring a pre-enforcement challenge.
“There was a credible threat of enforcement,” Frampton added. “So, we were very pleased that the court agreed with us that a pre-enforcement action is appropriate in this case.”
No damages were awarded in the case. Both parties are responsible for their own legal fees.