Today, Liberty Counsel filed suit in Arlington Circuit Court on behalf of Tim Bono and Bono Film and Video, Inc. against Arlington County Human Rights Commission (“Commission”), Arlington County Board, and Arlington County, Virginia, seeking Declaratory Judgment, Preliminary and Permanent Injunctive Relief, and Damages. The lawsuit challenges the authority of the Commission to order Bono Film to duplicate two pro-homosexual videos provided by lesbian activist Lilli M. Vincenz.

Tim Bono was contacted by Lilli Vincenz via e-mail to reproduce two documentaries entitled Gay and Proud and Second Largest Minority. Mr. Bono informed Ms. Vincenz that his company does not duplicate material that is obscene, could embarrass employees, hurt the company’s reputation or that runs counter to the company’s Core Values and Christian and ethical values.

Ms. Vincenz filed a complaint with the Commission under the County’s nondiscrimination ordinance, which was amended to include “sexual orientation.” On April 13, 2006, the Commission entered a “Decision” directing Bono Film to “provide the requested duplication service at the complainant’s expense or in the alternative to assist the Complainant in locating a suitable facility where this service can be provided at the Bono Film and Video’s expense.”

The lawsuit filed today challenges the authority of the Commission to enter the order. The so-called “Dillon’s Rule,” under Virginia law, prohibits local government from passing or enforcing nondiscrimination laws that are not authorized by the state. The state does not list “sexual orientation” as a protected civil right or class. The suit would take away all authority from the Commission to enforce “sexual orientation” nondiscrimination laws. The lawsuit will also affect several other Virginia counties that have illegally passed “sexual orientation” antidiscrimination laws. The suit also alleges violations of Mr. Bono’s freedom of speech, free exercise of religion, and sections 12 and 16 of the Virginia Constitution.

Erik Stanley, Chief Counsel of Liberty Counsel, stated: “As a newspaper is not required to run every proposed ad, so a duplicator or printer is not obligated to reproduce every proposed copy. Mr. Bono does not have to reproduce a customer’s hate speech, obscenity or pornography, nor may a customer hijack Mr. Bono’s business and force him to promote a homosexual agenda. Since the state of Virginia does not recognize ‘sexual orientation’ as a civil right, neither Arlington County nor any other county may enforce such laws. This lawsuit will rein in renegade counties that have intentionally violated state law. Neither Arlington County nor any other local government entity is above the law.”

Several years ago, the Virginia Attorney General issued an opinion concluding that local “sexual orientation” laws violated state law.

The Number of States Banning Same-Sex Marriage Is Increasing

The Pennsylvania House of Representatives in a vote of 136 to 61 passed an amendment to the state Constitution banning same-sex marriage stating that marriage is the union between one man and one woman. The proposed amendment could go before the Pennsylvania Senate for a vote by the end of the month. If the Senate passes the amendment, it will then go to the voters. Also, In a vote yesterday, Alabama voters passed a Marriage Amendment banning same-sex marriage by a margin of 4-1.

Since the mid-1990s, more than 40 states have passed Defense of Marriages Acts, which define marriage as the union of one man and one woman and expressly ban same-sex marriage. So far 19 states have overwhelmingly passed statewide marriage initiatives.

U.S. Senate Fails to Pass the Federal Marriage Protection Amendment

Today the U.S. Senate voted 49 to 48 in favor of the Federal Marriage Protection Amendment. However, the amendment failed to garner the 67 votes needed for a constitutional amendment. Mathew Staver, Founder and Chairman of Liberty Counsel, commented on today’s vote: “The vast majority of American people support marriage as the union of one man and one woman, and that is why 19 state marriage amendments have already passed by overwhelming majority votes. It is sad when politicians in Washington fiddle with politics while Rome burns. This matter is not going away, but I anticipate that some politicians will disappear from the political scene come this November.”

Order the book Same Sex Marriage: Putting Every Household at Risk here.