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Court: Facebook posts allow Mich. farmer to refuse service to gays

‘The City singled Country Mill out for special treatment’

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A federal court has ruled Facebook posts allow a Michigan farmer to refuse to host same-sex weddings. (Photo courtesy Facebook)

A federal court has ruled in favor of a Michigan farmer asserting a First Amendment right to refuse to host same-sex couples at his wedding venue, concluding his Facebook posts announcing the policy are protected under the U.S. Constitution.

In a 16-page decision, U.S. District Judge Paul Maloney, an appointee of George W. Bush, granted Stephen Tennes of Country Mill Farms a preliminary injunction on Friday against the City of East Lansing on the basis that his social media posts “constitute protected activity” under the First Amendment.

“The City focuses on the act of excluding same-sex wedding ceremonies from Country Mill,” Maloney writes. “But, even if that conduct is not protected, Plaintiffs still engaged in protected activity when Tennes communicated his religious beliefs on Facebook in August and December. Even if the City is correct that talking about discrimination is not protected, Plaintiffs also talked about their religious beliefs, which is a protected activity. For the first element in the retaliation claim the City cannot ignore the portions of the Facebook posts that would be protected speech.”

The Charlotte, Mich.-based farmer sued the City of East Lansing after it informed him he could no longer participate in a farmer’s market to sell produce when he declared on Facebook he wouldn’t allow same-sex marriages on his property, which he rents for wedding services.

Tennes wrote a Facebook post saying he believes “marriage is a sacramental union between one man and one woman” based on his Catholic faith in August 2016 after he denied wedding services to two women in 2014 and they encouraged others not to patronize his business.

Although Tennes temporarily suspended all weddings on his property, he later resumed them, but only for different-sex ceremonies. Tennes wrote in a subsequent Facebook post that he reserves a right to “deny a request for services that would require it to communicate, engage in, or host expression that violates the owners’ sincerely held religious beliefs and conscience.”

The City of East Lansing initially allowed Tennes to continue selling produce at its farmer’s market, but asked him no longer to participate as long as that was his policy.

Subsequently, the city denied his application for the 2017 season after it amended its policy to mandate vendors adhere to the city’s human rights ordinance, which bars discrimination on the basis of sexual orientation. That denial prompted Tennes to sue in federal court on the basis the city violated his freedom of speech and religion under the First Amendment.

Maloney concludes the City of East Lansing singled out Tennes for punishment because it amended its human rights ordinance after he declared on Facebook he wouldn’t serve same-sex couples.

“Within months, the City amended its Vendor Guidelines to incorporate the City’s non discrimination ordinance,” Maloney writes. “The City also singled Country Mill out for special treatment by ordering the Farmer’s Market Planning Commission not to invite Country Mill to the 2017 market and by requiring Country Mill’s vendor application to be forwarded to the City for consideration.”

In addition to finding the City of East Lansing violated Tennes’ right to free speech, Maloney determined the municipality violated his freedom of religion.

“A factfinder could infer that the change in the Vendor Guidelines was motivated by Plaintiffs’ religious beliefs or their religiously-motivated conduct,” Tennes writes. “And, the City’s hostility to Plaintiffs’ religion or religious conduct was then manifested when the City used its facially neutral and generally applicable ordinance to deny Plaintiffs’ Vendor Application.”

As a result of the preliminary injunction, the City of East Lansing must allow Tennes to sell produce at its farmer’s market for the remainder of the 2017 season.

In a subsequent Facebook post, Country Mill Farms celebrated the decision and urged supporters to visit its booth at the farmer’s market.

“We are thrilled to be back at the East Lansing Farmer’s Market this Sunday due to the court ruling,” the post says. “For the past 46 years, our family has faithfully served everyone in our community from all different backgrounds and beliefs. We strive to treat everyone with dignity and respect. We will continue to do so as we sell our organic apples, cider, donuts and apple cider slushies at the East Lansing’s farmer’s market, starting again this weekend.”

The City of East Lansing issued a statement expressing disappointment with the ruling and pledging to consider ways to move forward with the lawsuit.

“The City is disappointed in the Court’s ruling,” the statement says. “The City believes that the Court relied on the Plaintiff’s complaint and disregarded the contrary facts that were set forth in the Defendant’s answer and reply to the Plaintiff’s motion. At the time of the Court’s ruling, the Court also had the benefit of the facts established by the City’s Motion to Dismiss. The City will be considering the seeking of a stay and an appeal of the ruling.”

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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