National
Court: Facebook posts allow Mich. farmer to refuse service to gays
‘The City singled Country Mill out for special treatment’

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.”
Eswatini
PEPFAR delivers first doses of groundbreaking HIV prevention drug to two African countries
Lenacapavir now available in Eswatini and Zambia.
The State Department on Tuesday announced PEPFAR has delivered the first doses of a groundbreaking HIV prevention drug to two African countries.
The lenacapavir doses arrived in Eswatini and Zambia.
The State Department in September unveiled an initiative with Gilead Sciences to bring lenacapavir “to market in high-burden HIV countries.”
Lenacapavir users inject the drug twice a year.
The State Department in its September announcement noted everyone who participated in Gilead’s clinical trials remained HIV negative. It also said lenacapavir “has the potential to be particularly helpful for pregnant and breastfeeding mothers, as it safely protects them during and after pregnancy to prevent mother-to-child transmission.”
“In our new America First Global Health Strategy, the Department of State is establishing a first-of-its-kind innovation fund to support American-led research, market-shaping, and other dynamic advancements in global health,” said PEPFAR on Tuesday in a press release.
“The arrivals of the first doses of lenacapavir in Eswatini and Zambia mark an important milestone in HIV prevention and reflect our commitment to supporting communities with the greatest need,” added Gilead CEO Daniel O’Day. “For the first time, a new HIV medicine is reaching communities in sub-Saharan Africa in the same year as its U.S. approval.”
The September announcement came against the backdrop of widespread criticism over the Trump-Vance administration’s reported plans to not fully fund PEPFAR and to cut domestic HIV/AIDS funding. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to curtail services or even close because of U.S. funding cuts.
National
213 House members ask Speaker Johnson to condemn anti-trans rhetoric
Letter cites ‘demonizing and dehumanizing’ language
The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.
The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.
The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.
It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.
Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.
The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.
The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.
Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.
The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.
“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”
The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf)
The White House
EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad
International Human Rights Defense Act also calls for permanent special envoy
Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.
A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”
“LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”
Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.
The Trump-Vance White House has not named anyone to the position.
Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.
“It is deliberate erasure,” said Stern in August after the State Department released the report.
The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.
“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”
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