Response to Kentucky Supreme Court Ruling in Hands On Originals Discrimination Case
The Pride Community Services Organization (formerly the Gay and Lesbian Services Organization) is disappointed to learn that the Kentucky Supreme Court upheld the lower court’s ruling in favor of Hands On Originals and their discriminatory actions against the LGBTQ+ community. While we disagree with the ruling, it is important to understand that the court’s decision was a narrow one. No ruling was made on the larger civil rights discrimination issues brought forward by the case. Instead, the decision was based on procedure. The Kentucky Supreme Court agreed to dismiss the case based on the fact that the suit was filed on behalf of an organization rather than an individual. No decision was made on whether discrimination occurred or on the validity of LGBTQ+ nondiscrimination ordinances as a whole. Nor was a legal precedent set for businesses to discriminate against the LGBTQ+ community.
The Lexington Fayette Urban County Human Rights Commission, as the entity that filed the case on behalf of the GLSO, is reviewing the decision and will explore what further actions are possible in the coming weeks. We appreciate their support throughout the multiple appeals in the case and stand ready to work with them in whatever way makes the most sense in moving forward.
We recognize that this outcome may be disheartening to those of us in the LGBTQ+ community who continue to deal with discrimination on a daily basis, and who had hoped for a more definitive legal decision. For us, this case is about much more than a t-shirt, and represents the potential for us to be denied access to basic public services because of our core identities. It is a valid concern that the ruling for “Hands on Originals” could add fuel to the fire for those who are looking for justification to discriminate against people in the LGBTQ+ community and misunderstand the limited nature of the decision. The ruling illustrates that, whether it be through this case or other efforts, we still have much work to do in ensuring that LGBTQ+ rights are protected in Kentucky.
The PCSO is dedicated to continuing to fight on this issue and other fronts to ensure that LGBTQ+ Kentuckians are legally protected from discrimination. As we have since 1977, we will continue to provide direct services, programs, support, referrals, education, and advocacy for the LGBTQ+ community in Central and Eastern Kentucky. We encourage anyone in the LGBTQ+ community who has concerns about this ruling or the impact it may have for them to reach out to us at the Pride Center at 859-253-3233. We are happy to provide support and resources and a safe space to air your concerns.
The PCSO is deeply grateful for the continued support we have had from the larger community in Lexington and across Kentucky during the seven years this case has been active. You have shown us through your donations, offers to provide printing services, kind words, and moral support that the discriminatory practices of one business owner do not speak for Lexingtonians or Kentuckians as a whole.
For those of you wondering how to help moving forward, here are a few suggestions:
- Educate yourself on where candidates stand on issues that impact the LGBTQ+ community and VOTE! Next election day in Kentucky is this coming Tuesday, November 5th.
- Connect with Center Action Network at lgbtactionlink.org to stay on top of and be involved with issues impacting the LGBTQ+ community.
- Spend your money at businesses that are LGBTQ+ welcoming and affirming.
- Volunteer at and donate to nonprofits supporting the LGBTQ+ community.
We hope you will continue to fight with us to create a safe, inclusive Commonwealth where every LGBTQ+ Kentuckian is celebrated and supported.
