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I was sympathetic to the "won't bake cake or gay wedding" shop, but this...not so much

Posted on 5/6/17 at 2:17 pm
Posted by Eurocat
Member since Apr 2004
15047 posts
Posted on 5/6/17 at 2:17 pm
I do understand the nature of this is a bit he-said, she-said, you said this, no I did not, yes you did, no I did not. And that is why for fairness I linked also the reply of the funeral home.

It just seems like an odd thing for a seemingly modest 80something year old to make up. For what purpose? Someone is lying here IMO.



For most of the 52 years he was in a relationship with Robert Huskey, Jack Zawadski doesn’t remember much in the way of anti-gay discrimination.

Not while they were trying to grow apples on a farm in Wisconsin. Not during the decades they spent as special education teachers. Not even when they moved to Mississippi 20 years ago to retire someplace warmer and more lush, or after they married in 2015, when the Supreme Court declared that gay couples have as much of a right as heterosexuals to marry.

But in a lawsuit filed in federal court in Pearl River County, Miss., Zawadski said that prejudice finally reared its head when he was most vulnerable: last May, when Huskey died at age 86 after a long illness.

In a 14-page complaint, Zawadski, 82, said the funeral home that had been prearranged to pick up and cremate Huskey’s body refused at the last minute, telling the nursing home that they don’t “deal with their kind.”

In a response filed with the court in March, the owners of the Picayune Funeral Home in Picayune, Miss., deny the events as described by Zawadski and his nephew, who made the arrangements and is co-plaintiff. Silas W. McCharen, an attorney for the owners of the funeral home, Ted and Henrietta Brewer, said in an email that the firm has never discriminated on the basis of sexual orientation. Henrietta Brewer denies she made reference to not serving “their kind,” he said, and the firm never refused to pick up the remains. But he declined to elaborate further.

Zawadski is being represented by Lambda Legal, an LGBT rights law firm and advocacy organization based in New York. Because neither Mississippi law nor federal law explicitly forbid discrimination on the basis of sexual orientation, the suit is relying on “other state laws that hopefully will provide a remedy for the terrible actions that happened here,” said Beth Littrell, the attorney handling the case.
“The essence of the claim is that they both breached a contract and denied services at the last minute to a grieving family based on the fact that the man who had passed away was gay and was married to a man,” said Littrell, whose organization is seeking unspecified compensatory and punitive damages from a jury.

For Zawadski, the suit is a rare activist moment. He said he and his husband lived unassuming lives and were rarely open with their friends and neighbors about their sexual orientation. “We lived our lives quietly,” he said in an interview. “We didn’t hit the bars or anything like that.”

LINK
Posted by HempHead
Big Sky Country
Member since Mar 2011
55464 posts
Posted on 5/6/17 at 2:20 pm to
This is fricked up, honestly, but that still doesn't mean I want to use the force of government to make the funeral home to service those whom they don't wish to.
Posted by bamafan1001
Member since Jun 2011
15783 posts
Posted on 5/6/17 at 2:22 pm to
I dont agree with the people either...but its their business and their right to run it as they please. There are other funeral homes.
Posted by HempHead
Big Sky Country
Member since Mar 2011
55464 posts
Posted on 5/6/17 at 2:23 pm to
quote:

I dont agree with the people either...but its their business and their right to run it as they please. There are other funeral homes.



Since it's Pearl County, you're probably right. Other places might not have a diversity of competition. That's when this becomes a market failure.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/6/17 at 2:23 pm to
So find another funeral home that can accommodate their wishes.

Problem solved.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41195 posts
Posted on 5/6/17 at 2:23 pm to
the article you linked left out some very important information

quote:

The Picayune Funeral Home published a note on its website responding to the lawsuit, saying,

“We cannot go into details due to pending litigation. They stated in news we refused a gay man service. This is absolutely false. We have served several gay families previously. We treat everyone the same.”

In a statement obtained by ABC News Thursday, defense attorney Silas McCharen said his clients, the Brewers, who own and operate Picayune Funeral Home, never said the words "deal with their kind" to anyone and have never refused to provide funeral services based on someone's sexual orientation.

"It is my customary practice never to comment to the media on pending litigation. However, since Plaintiffs and their attorneys want to try this case in the court of public opinion and not in court based on the evidence and the law, I am compelled to comment, lest my silence be interpreted as agreement with what is being reported," McCharen said in the statement. "This is not a civil rights case or a discrimination case. Plaintiffs’ Amended Complaint sets forth only state law-based tort and contract claims.

Ms. Brewer denies she ever spoke the words 'deal with their kind' to anyone, including anyone at the nursing home where Plaintiffs’ decedent, Bob Huskey, passed away. Picayune Funeral Home has never refused to provide funeral services based on sexual orientation."
This post was edited on 5/6/17 at 2:24 pm
Posted by TheArrogantCorndog
Highland Rd
Member since Sep 2009
14814 posts
Posted on 5/6/17 at 2:24 pm to
The free market will dictate how well that business does in the future... as it should

There are other funeral homes who will perform the services asked... go to them instead
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42596 posts
Posted on 5/6/17 at 2:30 pm to
Not accepting nor disbelieving any of the narrative from either side. But the business is way out of line here. Unless they were requested to do some specific rite associated with the lifestyle they are just retarded idiots for pulling this.
Have always said the baker should sell the two any of their common wares but not be forced to create something offensive to them or participate in the ceremony. Same here.
Posted by C
Houston
Member since Dec 2007
27824 posts
Posted on 5/6/17 at 2:35 pm to
Looks like denial of service reasoning is not settled. Don't think this really applies like the bakers who openly denied service.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 5/6/17 at 2:51 pm to
quote:

The free market will dictate how well that business does in the future... as it should



It's Pearl River, they might see an uptick in business.
Posted by navy
Parts Unknown, LA
Member since Sep 2010
29040 posts
Posted on 5/6/17 at 2:52 pm to
"Don't serve your kind" probably referred to the "non-willing-to-pay-what-we-ask" kind.


Find a Folgers can.
Posted by DaGarun
Smashville
Member since Nov 2007
26184 posts
Posted on 5/6/17 at 2:54 pm to
quote:

.but its their business and their right to run it as they please. There are other funeral homes

I suspect the claim is bullshite myself, but if the funeral home truly refused someone a service they publicly offer others simply because they are gay (or black, or Jewish, or Catholic) they need the full force of law levied against them.
This is not the same as participation in a ceremony that celebrates something that goes against your religion. It's like McDonald's refusing to serve a gay person. No bueno.

Still think its fake, though
Posted by DaGarun
Smashville
Member since Nov 2007
26184 posts
Posted on 5/6/17 at 2:55 pm to
quote:

Have always said the baker should sell the two any of their common wares but not be forced to create something offensive to them or participate in the ceremony

This is correct
Posted by Pinecone Repair
Burminham
Member since Nov 2013
7156 posts
Posted on 5/6/17 at 2:56 pm to
This is just a "he said-they said" thing right now.
I don't necessarily believe it happened the way the Jack has described.
Even if it did I still believe it's wrong for the government to step in and force private businesses to serve anyone. This is an area where the market will sort it out and in this case it did.

I think it's more interesting that a couple in their 80's didn't experience the hate I've been lead to believe all homosexuals have been forced to endure at the hands of all these heterosexual bigots. Could it be that people really don't give a frick about someone's sexual preference? Yeah, but you can't make money and stoke hate by admitting that.

Posted by olddawg26
Member since Jan 2013
24586 posts
Posted on 5/6/17 at 3:00 pm to
Why people hate other people strictly on what they like in the bedroom is beyond me. If not religion then what else could it be?
Posted by TheFolker
Member since Aug 2011
5185 posts
Posted on 5/6/17 at 3:01 pm to
Is a funeral home obligated to conduct services for believers of different religions? I honestly don't know the law.
Posted by Jorts R Us
Member since Aug 2013
14816 posts
Posted on 5/6/17 at 3:05 pm to
You'll get a lot of "private business can do as they see fit" responses on here from people who were probably bitching about a private university awarding an honorary degree to Trayvon Martin.

Hyuck hyuck.
This post was edited on 5/6/17 at 3:05 pm
Posted by FooManChoo
Member since Dec 2012
41679 posts
Posted on 5/6/17 at 3:07 pm to
Is it possible that the plaintiff decided to get into activism as a grieving mechanism?

I think its ridiculous for a funeral home to deny service to anyone, but I think they should have the right to do so.
Posted by DaGarun
Smashville
Member since Nov 2007
26184 posts
Posted on 5/6/17 at 3:10 pm to
quote:

Is a funeral home obligated to conduct services for believers of different religions? I honestly don't know the law.


I don't either, but I suspect if it's not a declared religion-affiliated establishment they would have a hard time using that (as they should)
Posted by Big12fan
Dallas
Member since Nov 2011
5340 posts
Posted on 5/6/17 at 3:12 pm to
I'm content with allowing Mississippians to remain dumb. Just do your homework before moving there.
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