A New York state judge has ordered a businessman to state his religious beliefs about homosexuality in a case brought forward by the man's former employee.
Plaintiff John Fairchild alleges that Ted Doudak, a Christian and the president of Riva Jewelry, terminated his employment without reason after discovering that both Doudak and his daughter were homosexual.
In Fairchild's complaint, the former employee of Riva Jewelry accuses Doudak of a "homophobia," proved by a history of "discriminatory" behavior, including expressing his "disgust" with homosexuals, quoting Bible verses that say homosexuals will be condemned to hell, and directing Fairchild to deal with homosexual representatives at Tiffany's since Doudak himself preferred not to.
Doudak terminated Fairchild's employment for "poor work performance" one day after discovering a lesbian magazine on his employee's desk; upon being asked about the magazine Fairchild had explained to Doudak that both he and his daughter were homosexuals.
During the ensuing court case, which is not yet resolved, Fairchild requested that Doudak answer three questions for the court, including whether he believes "homosexuality is a sin against God," whether "gays and lesbians are doomed to eternal damnation," and whether "Doudak regards homosexuals as 'repulsive'."
"A lot of discrimination against homosexuals has a religious motivation," said William Kaiser, Fairchild's attorney, according to the Daily News. "People who hold those views have to know they can't act on them with regard to employment."
The president of Riva Jewelry, however, refused to answer the questions, arguing that his privacy of religious belief is constitutionally protected under the First and Fourteenth Amendments. Doudak also argued, according to court records, that by asking the preceding questions, Fairchild "seeks to equate religious membership in a particular religion as de facto proof of discriminatory animus by inquiring into the basic tenets (i.e., what constitutes sin) of Mr. Doudak's religion."
"You're attacking perceived religious affiliation in an attempt to make a claim," Todd Krakower, Doudak's attorney, told the Daily News. "He's [plaintiff] trying to prove a case through religious affiliation, and that's improper."
The judge that is presiding over the discovery stage of the case, however, has ruled that Doudak must divulge his religious beliefs.
"When it appears that one's religion is relied upon to form a basis of discrimination against a person who is a member of a protected class, to wit: homosexuals," then an individual may be compelled to divulge their religious beliefs, wrote Judge Carol Robinson Edmead in her decision.
Currently New York has in place anti-discrimination laws that explicitly name "sexual orientation" as one of the protected categories for discrimination.
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