Christian printer sued after refusing to print same-sex civil union invitations
"Dear Pablo, we cannot do this job, to print this invitation goes
against our values, take care and best regards."
This was the
answer Pablo Zapata received when he and his partner requested a quote for the
printing of invitations to the ceremony to legalize his homosexual relationship
under Chile's new Civil Union Law (AUC in Spanish). Zapata is a volunteer at Iguales, an NGO whose mission statement is
"Work … to ensure the full inclusion of sexual diversity in Chilean
society," while the printer, Publicamos, is openly Christian and
family-operated.
Pablo and his
partner felt hurt and arbitrarily
discriminated against by the answer. They said they did not consider themselves
going against anybody's values. They filed a complaint before Chile's National
Consumer Service (SERNAC), stating that their rights were being violated and
that to deny a service for biased reasons is illegal.
On
Publicamos's behalf, César Mosquera stated that "several times we have
turned down jobs that go against our principles[.] … [W]e also, for example, do
not work with anything related with pornography."
Since SERNAC
is a mediator only and could not get the parties to reach an agreement, the
state-funded organization filed a suit with the homosexual couple and Iguales
against the printer.
Only a month
after Pablo Zapata sued Publicamos, two of Iguales's top board members met with
SERNAC's director, Ernesto Muñoz, and representatives of the Movement for
Homosexual Liberation and Integration (MOVILH) to discuss
and offer their
"expertise" to train SERNAC's personnel and officials on
discrimination issues. According to Iguales, the government official brought up
the need to train small and medium-sized businesses on discrimination issues.
The Iguales
Foundation took part in the lawsuit because, in their opinion, businesses have
to understand that although they are entitled to their own values, those values
under no circumstances can be above the country's laws. "In this case,
clearly, what happened was discrimination on the basis of sexual
orientation." The hearing will be in December.
Only a month
after this suit was filed, Alonso Gaete and Roberto Ibáñez, another homosexual
couple backed by MOVILH, sued Publicamos for the very same reason, in what
seems to be a coordinated effort to force the Christian printer to comply or
pay. One member of the couple declared, "[M]y partner and I felt harmed
and hurt in the moment which should have been pure happiness."
MOVILH's
spokesperson dismissed Publicamos's religious
reasons, saying, "Businesses are not churches[.] … [W]e hope only to win
[this case] and that the ruling will be a warning to all those people or
institutions which in virtue of their homophobia believe that denying rights to
sexual diversity is irrelevant."
After the
story was published on national media, the printer tweeted, "Regarding
what was published in @PublimetroChile, we would like to say that our Christian
values prevent us from printing invitations for same sex couple's
ceremonies."