Virginia Court Hears Arguments Today in Case Challenging "Sexual Orientation" Law

Jan 26, 2007

Arlington, VA - Today, Liberty Counsel presents arguments in court on behalf of Christian businessman Tim Bono and his company, Bono Film and Video, against Arlington County Human Rights Commission, Arlington County Board, and Arlington County, Virginia. The suit filed by Liberty Counsel seeks to have the County's "sexual orientation" law struck down.

In June of 2006, in response to Liberty Counsel's suit, the Commission dismissed the complaint filed by lesbian activist Lilli M. Vincenz. Ms. Vincenz filed a complaint with the Commission under the county's nondiscrimination ordinance when Bono Film and Video refused to copy Gay and Proud and Second Largest Minority. Mr. Bono's company does not duplicate material that is obscene, could embarrass employees, hurt the company's reputation or that runs counter to his company's values. The Commission directed Mr. Bono to duplicate the objectionable videos or pay for the duplication at another facility. The Commission then distributed a press release to over 5,000 media outlets, stating that there was evidence Mr. Bono had engaged in discrimination.

When the Commission dismissed the complaint following Liberty Counsel's lawsuit, Liberty Counsel continued to pursue its case in order to strike down the entire "sexual orientation" law, so that the Commission would not be able to abuse its power against anyone else. Virginia law prohibits local governments 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. Liberty Counsel's suit will affect Arlington County and several other Virginia counties that have illegally passed "sexual orientation" antidiscrimination laws. Several years ago, the Virginia Attorney General issued an opinion concluding that local "sexual orientation" laws violate state law.

Rena Lindevaldsen, of counsel for Liberty Counsel and Assistant Professor of Law at Liberty University School of Law, stated: "Although the Commission dismissed the frivolous complaint against Tim Bono, we are challenging Arlington County's attempt to recognize 'sexual orientation' as a civil right. Liberty Counsel's suit will invalidate the county ordinance and other similar ordinances throughout Virginia."

Lindevaldsen teaches family law, lawyering skills and a constitutional law clinical program that provides students opportunities to engage in constitutional litigation with Liberty Counsel.

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