Couples, firms take sides in gay marriage debate

Scranton, Pa. (AP) — In the midst of a debate over whether businesses should be allowed to discriminate against gays and lesbians, more straight couples are inquiring about venues' same-sex wedding policies.

The importance of the issue has gone beyond same-sex couples looking to tie the knot. Straight couples don't want to send a message to LGBT friends or family that they condone or support venues that discriminate. In Pennsylvania, LGBT people have no legal protection against discrimination in employment, housing or public accommodation. In July after a Scott Township wedding venue, the Inne of the Abingtons, rebuffed a lesbian couple who wanted to have a reception there. At least one straight couple is suing the Inne, trying to recoup a deposit made before the venue stance was publicized.

For several years Gus Genetti's Best Western in Wilkes-Barre hosted "Commitment Ceremonies" for same-sex couples, sharing event photographs on the company's Facebook page. Event manager Lindsay Bezick said most wedding clients are aware of Genetti's record on equality. In recent months, she noticed more straight couples have specifically inquired about the venue's policy.

"We think most people know that Genetti's offers an accepting environment," she said. "We've had two straight couples who felt strongly enough about the issue to ask about it. They want to make sure that our facility is open to all and that all of their guest can expect the same standard of service."

The attention and debate that followed the Inne's decision forced the local wedding industry to confront the same-sex marriage issue, said Danielle Pasternak, of DPNAK Weddings, a Scranton-based wedding planner.

"Suddenly, same-sex weddings were legal and businesses had to step back and consider how they were going to deal with this," she said. "It may be awkward now to ask about a vendors' policy, but as that information is given freely, the discussion will become less awkward."

She's not aware of any vendor in the Scranton/Wilkes-Barre area that staked out a position as adamant as the Inne's. Pasternak has a list of vendors with a track record of service to gay and lesbian couples.

Vendors rushed to sign up for the "Wedding Tent" at PrideFest in Kirby Park in Wilkes-Barre in August. The Hilton Scranton & Conference Center became a partner with Equality Pennsylvania, an LGBT policy and advocacy group.

A Gallup poll in May showed 55 percent of Americans support marriage equality. The Public Religion Research Poll released in March found that 65 percent of Americans know someone who is gay. Both polls noted the percentages are much higher among young adults — those in the marrying demographic.

In early July, Barb Giarratano placed a $1,000 deposit on her daughter's Oct. 15, 2015 wedding reception at the Inne at the Abingtons. Her daughter is engaged to a man and the issue of gay marriage had not come up. A week later, the social media firestorm around the Inne's policy broke out.

With gay and lesbian friends and family who are likely invitees to the wedding, and a personal commitment to LGBT equality, Giarratano and her family knew they could not have an event there. Giarratano and her daughter Ashley Giarratano sued the Inne at the Abingtons, hoping for a refund of their deposit or a transfer of the deposit to an acquaintance having an event there.

"Discrimination goes against everything we believe in as a family," Giarratano said. "Our conscience wouldn't allow us to invite our gay and lesbian friends and family to a wedding at a place they know openly discriminates against them."

Her chances of success in court are slim, said attorney Robert Schenk, who represents wedding industry professionals and maintains a blog, weddingindustrylaw.com. Mr. Schenk noted the standard contract includes the nonrefundable deposit as the agreed upon damages the vendor would incur in the event of a cancellation. Unless a contract says something is transferable, it is assumed to be nontransferable, he said.

While the Inne may have the legal footing to pocket the deposit, Schenk said he would advise a client in such a situation to refund the money to avoid cost and trouble and make it contingent on a non-disparagement agreement to prevent the family from causing more social media problems. A venue has a 90 percent chance of re-booking a date, he said. Such a staunch stance against same-sex couples may not be in the businesses' best interest.

"If federal or state law doesn't step in to stop these practices, the free market will and is," Schenk said. "All around the country there are websites that say here are the gay-friendly venues and here are the ones that are not. Let those places that take a hard line against marriage equability to just go out of business."

Information from: The Times-Tribune, Scranton, PA

by David Falchek, The (Scranton) Times-Tribune

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Gayly – September 13, 2014 @ 1:40pm