Baker v. Hands On Originals

Becket Role:
Amicus
Case Start Date:
October 6, 2014
Current Court:
Kentucky Court of Appeals
Original Court:
Circuit Court of Fayette, Kentucky
Supreme Court Status:
Cert Requested
Practice Area(s):
,

Status

Awaiting oral argument at the Kentucky Supreme Court.

Case Summary

Blaine Adamson owns Hands On Originals, a small screen printing shop in Kentucky that creates promotional materials like shirts, hats, blankets, and mugs. Blaine serves everyone regardless of their race, gender, or sexual orientation. But he doesn’t print messages that are contrary to his faith, such as messages promoting violence. As printers across the country have agreed, it is standard industry practice for printers to decline messages that contradict their core beliefs. Blaine has operated this way for years without a problem.

Until now.

Ordered to Violate His Faith

In 2012, the Gay and Lesbian Services Organizations (GLSO) asked Blaine to create t-shirts promoting the local Pride Festival. Because the message of the t-shirts conflicted with Blaine’s religious beliefs, he offered to connect GLSO with other printers who would match his price. GLSO received numerous offers to print the t-shirts and ultimately received them for free. But GLSO filed a complaint with the local human rights commission, which ordered Blaine to print the shirts and attend “diversity training” to change his views.

Support from the LGBT Community

Two different Kentucky courts have ruled that this sort of coercion is illegal. Blaine has also received strong support from the printing industry and LGBT business owners.

“This isn’t a gay or straight issue. This is a human issue. No one really should be forced to do something against what they believe in. It’s as simple as that,” said Kathy Trautvertter & Diane DiGeloromo of BMP T-shirts.

Defending Blaine’s Free Speech

The human rights commission has now appealed the case to the Kentucky Supreme Court. In February 2018, Becket and University of Virginia Law Professor Doug Laycock, together with Stoll Keenon Ogden PLLCS, filed a friend-of-the-court brief supporting Blaine. The brief argues: “Just as a pro-choice printer has a right to decline to print a religious message attacking Planned Parenthood, and a gay photographer has a right to decline to photograph a religious anti-gay rally, a Christian printer who believes in traditional marriage has a right to decline to print materials contradicting that view. The law protects the freedom of individuals in a pluralistic society to disagree.”

A decision is expected in 2018.