When Bernstein and Paster asked to celebrate their civil union in the pavilion, the Methodist organization said they could marry on the boardwalk — anywhere but buildings used for religious purposes. In other words, not the pavilion. Hoffman says there was a theological principle at stake.
"The principle was a strongly held religious belief that a marriage is between a man and a woman," Hoffman says. "We're not casting any aspersions or making any judgments. It's just, that's where we stand, and we've always stood that way, and that's why we said no."
The refusal came as a shock to Bernstein, who says Ocean Grove has been revived by the gay community.
"We were crushed," she says. "I lived my whole live, fortunately, without having any overt prejudices or discrimination waged against me. So while I knew it was wrong, I never knew how it felt. And after this, I did know how that felt. It was extremely painful."
Luisa says that initially, they walked away from the situation. "We were so stunned, we didn't know what to do. But as we came out of our initial shocked stage, we began to get a little angry. We felt an injustice had been done," she says.
So the couple filed a complaint with New Jersey's Division of Civil Rights, alleging the Methodists unlawfully discriminated against them based on sexual orientation. Attorney Lawrence Lustberg represents them.
"Our law against discrimination does not allow [the group] to use those personal preferences, no matter how deeply held, and no matter — even if they're religiously based — as a grounds to discriminate," Lustberg says. "Religion shouldn't be about violating the law."
The Methodist organization responded that it was their property, and the First Amendment protects their right to practice their faith without government intrusion. But Lustberg countered that the pavilion is open to everyone — and therefore the group could no more refuse to accommodate the lesbians than a restaurant owner could refuse to serve a black man.
That argument carried the day. The state revoked the organization's tax exemption for the pavilion area. Hoffman figures they will lose $20,000.