HAWAII: Appeals Court Rules Against B&B That Turned Away Lesbian Couple Because They “Defile The Land”

Hawaii News Now reports:

Attorneys for California couple Diane Cervelli and Taeko Bufford are calling it a “great day for justice.” On Friday, Hawaii’s Intermediate Court of Appeals upheld a previous ruling that found a Hawaii Kai bed and breakfast was discriminatory for refusing the lesbian couple a room because of their sexual orientation.

The women were represented by Lambda Legal, a nonprofit LGBTQ rights organization. “This has never been a case about the money,” said Jennifer Pizer of Lambda Legal. “It’s really been about a civil rights law that needs to protect everyone, it needs to be real and it needs to be followed. When people come for a vacation or other reasons to visit in Hawaii, everyone should be treated equally.”

Throughout the case, lawyers for the owner of Aloha Bed & Breakfast claimed Phyllis Young’s religious views allowed her to refuse to rent a room to a same-sex couple. Upon investigation, Young admitted to turning the women away because she felt that homosexual relationships were “detestable” and “defiled the land.”

Young was represented by Alliance Defending Freedom.

  • S1AMER

    Good news!

  • Kevin Andrews

    One more sick Christ-O-Fascist will bite the dust. These Schizophrenic Christ-O-Fascist who inflict their delusional death worshiping lack of values, morals or grasp of law deserve to be treated like they clearly treated these good women.

  • j.martindale

    This is precisely what the effect of a SCOTUS decision in favor of the bigoted bakers case will permit. Every law protecting gays from open discrimination in society will be challenged by people with religiously based homophobia.

    • Even if they don’t give a shit about religion, they can claim “religious beliefs” to practice bigotry.

    • Ninja0980

      And it won’t stop there.
      Today it will be us, tomorrow it will be Jews, blacks, women etc.

  • Blackfork

    Let’s see ’em take those “detestable” and “defiling the land” reasons to SCOTUS.

  • Tulle Christensen

    “Young was represented by Alliance Defending Freedom”. So ADF gets to keep their perfect record of losing

    • djcoastermark

      Which of course they will twist into “their perfect record” Aah, winning

    • Jack

      Perfect record of losing with “Saying ‘no’ because of Jesus” cases. They HAVE won in the Supreme Court — just not as frequently as they claim.

  • Yalma Cuder-Zicci

    The B&B owners need to start including fresh baked goods in the rooms, then they could get away with discrimination.

  • AmeriCanadian

    To the manger we go. These fake xtians don’t even pay attention to any of the stories in their beloved and cherished book.

    • GayOldLady

      And Joseph wasn’t even the Father, still they got a stall.

    • kat

      They are not fake Christians. They are real Christians. This is the ugly face of what a very large segment of Christianity had always been.

  • Dreaming Vertebrate

    You wanna know a real example of “defiling the land”?
    That would be Donald Trump’s executive order to open up Bear Ears National Monument to open pit mining. Shame!

  • Dreaming Vertebrate

    PS: Last line at the link.
    >> Another judge will determine how much the women should be paid.
    This little green dino humbly suggests that a few million dollars each would be a nice deterrent to this whackjob repeating the same crime in the future.

    • clay

      We should at least have the business audited, including a property appraisal . . .

      • Dreaming Vertebrate

        The case has been dragged out for a long time. The First Circuit Court ruled in favor of Cervelli and Bufford way back in April in 2013. Justice delayed becomes justice denied – unless stiff penalties are awarded and interest compounds at a brisk rate – say 30% annually.

        • Menergy

          5 years dragging on? I know, I know, this isn’t unusual — but still…..

      • GayOldLady

        That would scare the jeezus out of them, wouldn’t it?

  • Jack

    Alliance Defiling Freedom. Of course.

  • Ross


    On 11/8/16, I sat staring at the TV in abject horror. And knew one thing with certainty: The election was stolen.

    People poo-pooed the idea, even here on JMG. Yet very month we know more and more just how much Russia has been fucking with us. Why wouldn’t they also hack the voting machines?

    Well, from electoral-vote.com:

    For years, the manufacturers of voting machines have been saying that the machines are safe because they are not connected to the Internet. But closer examination shows that the machines and the voting system as a whole are still very vulnerable. Many voting machines are indeed not connected to the Internet, but they contain internal telephone modems so they can call city and county election centers and report their results. These modems use the telephone system—often the cellular telephone system—and that makes them just as vulnerable to Russian or other hacking as if they were on the Internet.

    Why? First of all, if there is a modem used to call out, it is possible that a hacker could also find a way to call in, log onto the voting machine (which after all, is just a computer with a touch screen, like a big iPad). Manufacturers say this can’t be done, but most experts don’t agree. A hacker who logged in could change totals without any fear of being detected. In fact, even if a hacker didn’t change anything but simply caused a message to appear on the screen (or somewhere it could be found) reading: “Greetings from Boris Botski,” it would wreak havoc by making it clear that a (Russian) hacker got in, thus undermining faith in the election, even if nothing were changed.

    A second problem is that some voting machines call city or county offices on the cellular network. For administrators, this is much easier since they don’t have to connect a landline to each machine, of which there could be dozens in a big polling place. Here, a hacker with a large-enough budget and a fair amount of expertise (think: the Russian government, not some 400-pound kid sitting on his bed), could erect a fake cellular station near selected polling places. When the voting machines turned on their modems to call home, the calls would be picked up by the fake cell towers rather than the real ones. The software in those towers could modify results before forwarding them to the place they were supposed to go. Needless to say, the manufacturers pooh-pooh this idea, but experts are far from sure.

    Third, once all the polling places have reported up one level, the totals typically get sent to county and state elections centers. Those computers are most definitely on the Internet, and could be penetrated and malware placed on them that could alter results.

    • cleos_mom

      Nevertheless, technology worship will manufacture some major opposition if there’s an organized effort to require paper ballots in all 50 states. A descendant of the worship of “progress” in the Victorian and post-WWII eras.

      • Ross

        I love progress.

        And I demand paper ballots.

        • AmeriCanadian

          Where I vote in Michigan, the paper ballots are scanned into a machine and then later destroyed. I think paper ballots will always be digitized for “ease of counting”. It is this and what happens to them afterward that should be a concern.

          • Menergy

            same here in my county voting station outside Santa Fe city.

        • cleos_mom

          So do I !

          When I was a kid, “progress” meant draining swamps for agriculture and shopping centers. No consequences in terms of formerly small floods, uv cawss.

          But can hear the “what’s paper?” chorus even as we, uh, speak.

        • Kissmagrits

          The Oregon mail in ballot turns twenty this year and is based
          on a system of tabulation that’s very hard to hack. Also, the whole ballot is warehoused until any possibility of a recount has passed.

          • JCF

            California is rolling out its vote-by-mail system this year. Everyone will get a mail-in ballot (instead of having to opt in for same). But there will be regional polling places open for a couple of weeks up to and including election day.

            I’m hoping turn-out will really increase w/ this system (w/ optical scanners w/ paper print-outs, I think it was already pretty secure).

    • cfa

      Hacking would have to occur at the precinct level. While results can be electronically transmitted to the Secretary of State or state elections office, usually (and this is from experience, having been a campaign treasurer for a friend who ran for state rep in Massachusetts), as soon as the votes are tabulated, the election warden makes an announcement to the assembled local press, poll watchers and campaign representatives, who immediately call in the results to their campaign HQs, so that the candidates have the numbers far in advance of the numbers that viewers see on TV. Any discrepancy between the numbers announced by the state and the numbers compiled from the precinct announcements would draw immediate scrutiny, and there would be a paper trail of the counts sent upstream.

    • TexasBoy

      And the solution is so simple and relatively inexpensive. Attach a small credit card receipt type printer to each and every touch screen used to vote. Have the machine print out two copies of the selections of the voter. The voter checks it to be sure it is correct or the precinct chairman could void the vote, destroy the paper copies and the voter could re-vote. If the printout is correct, one copy is dropped into an old fashioned sealed ballot box where it could be used for a manual recount.

  • cleos_mom

    Does the B&B proprietress have a peephole to check on what her heterosexual guests are doing? Can’t be too careful when real estate is being sullied.

    • JT

      Maybe they should have a questionnaire for prospective guests about whether what they do during their stay is strictly “biblical”.

      • cleos_mom

        Plus a mandatory showing of a marriage license, of course. Can’t have fornication defiling the real estate.

      • Galvestonian

        You mean missionary style with a hole in the sheet and cries of ‘hurry it up’ .

    • AmeriCanadian

      Scary thought. I always thoroughly check out rooms that I stay in since we are living in times where voyeurs have so much technology available to them to practice their trade.

  • margaretpoa

    Duh…. Being a bigoted asshole and having “strongly held religious belief” are synonyms.

    • Robincho


  • Jean-Marc in Canada

    Fake God, when will people learn; if you’re going to open a business to the public, you have accommodate said public. What it is about that simple concept they don’t…oh wait…never mind.

  • Natty Enquirer

    Under the Constitution, one has a right to religious belief. One does not have a right to operate a business nor to operate it as one pleases.

  • RexDaddy

    Build the freakin’ wall already…

  • April

    Wanna bet this place would rent a room to our pornstar loving President.

  • TK

    Phyllis Young should remove the name Aloha from her B&B because she obviously does not have a clue what it means.

    • M Jackson

      Or relocate to Reynosa and open Adios.

    • Tempus Fuggit

      Going by the shitshow some years back, the public hearings on McDermott’s bigotted bill and whatnot, it’s a word used as a bludgeon. It evidently translates as “My Hawai’ianness is much more authentic than yours, so your argument is invalid”.

    • Hue-Man

      In her dictionary, it only shows the second meaning – Goodbye.

  • CB

    Another “big win” for the Alliance Defending Freedom! /s

    • M Jackson

      Another. I love your use of hyperbole.

  • DaveMiller135

    A bed and breakfast is the wrong business for someone who worries about what people do in bed.

  • Bambino

    Please, the venom of these christianists already defile our planet for centuries. Too bad the dinosaurs did not exist in the same timeline, there was only so much the lions could digest.

  • JWC

    Good for them

  • Kissmagrits

    Defiling the land?
    Isn’t that when the US decided to displace the native Hawaiian population in favor of new land owners and Mormon missionaries?

  • Halou

    Hosts who cannot tolerate the presence of guests should not be in the B&B business.

  • teedofftaxpayer

    All these “little” courts are doing the right thing, but one that counts is still coming-hope they do the right thing.

  • Ninja0980

    You want to run a business serving the public?
    Then you don’t get to ignore the discrimination laws due to religious beliefs?
    Can’t handle that, then don’t open a business serving the public.

    • JCF

      It’s really just this simple. If you’re in business, the ONLY qualification for clientele is ability to pay. Period!

  • The Sentinel
  • David in Palm Springs

    I’d be curious to know how many straight couples were also turned away because they were detestable. I have no doubt that they happily rented out rooms to unmarried 18-year olds, with the girl being 6 months pregnant. All of these holier than thou religious zealots are all hypocrites.

    • Ann Kah

      I suspect she’s had plenty of “married” couples who are both married to someone else.

  • The Sentinel

    02:14 “I also tried contacting the attorneys for the owner of the Bed & Breakfast but have not heard back from them either.” LOL.

  • -M-

    You’ve got to admire ADF’s track record.🤣

    • sfbob

      If I was hell bent on losing a lawsuit those are the folks I’d hire.

  • Tempus Fuggit

    [the bigot who lost] was represented by Alliance Defending Freedom.

    I just never seem to tire of that.

  • Gianni

    The horror: “Defiled the land.” Sounds so biblical! God in His infinite love and compassion should just destroy the USA. Voila! No more land to defile.

  • Franciscan

    I’m really surprised to hear about this sort of thing happening in Hawaii, which is supposed to be so welcoming. And to call their establishment “Aloha,” with this attitude toward visitors!

  • JCF

    “Young admitted to turning the women away because she felt that
    homosexual relationships were “detestable” and “defiled the land.””

    She seems nice.

    • Snarkaholic

      Defiled? Did one of the gay women drop a flannel shirt on the floor?

      • JCF

        Hey! I resemble that remark!

  • Ann Kah

    I thought that Hawaii was, on the whole, pretty gay-friendly. Bet the owner’s a newcomer.

    • sfbob

      There’s all sorts of people in Hawaii. Just as there are elsewhere. Most of the state is reliably progressive; on the other hand the LDS Church does lots of missionary work there (they have a whole theme park dedicated to the culture they have done their very best to destroy) and various other evangelical denominations also have a presence there. And then there are the people who aren’t actually religious but find religion to be convenient for excusing simple bigotry.

  • Why stay at a place run by crazy people? There are too many B&Bs that would be welcoming.

  • Boss Dave✓ᵛᵉʳᶦᶠᶦᵉᵈ

    That sounds like a hot pickup line to me: “I wanna defile your land, sugar”.

    Why is it that right wing fake outrage always sounds drrrrty?

  • vreed lak73

    lol Another loss for the Alliance Defending Freedom. Did they are argue that providing a room is compelled free speech like they’ve done with Masterpiece Cakeshop?