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LOS ANGELES (CNS) - A gay Broadway actor who won a landmark decision by the California Court of Appeals 30 years ago upholding his right not to be discriminated against by an Orange County company said Monday the recent U.S. Supreme Court decision allowing certain businesses to refuse to provide services for same-sex weddings was "shocking and devastating."
David Engel said the high court's decision last week in 303 Creative vs. Elenis is contrary to the ruling in his own case challenging discrimination by publisher Worthington Reunion Photographers against him and his same-sex partner at the time.
Engel's case stems from 1987 when, 10 years after graduating from Irvine's University High School, Engel returned to his class reunion. The actor, who was in the original Broadway production of "La Cage aux Folles" around that time, wanted his classmates to meet his lover and fellow actor, Eric Underwood.
When those attending the reunion lined up to have photos taken for the event's "memory book," the photographer told Engel the photograph of the gay couple would not appear in the book because the company's owner refuses to publish pictures of same-sex couples, according to Engel.
"We were both stunned and returned to our table deeply humiliated," Engel, 63, said during a news conference held via Zoom Monday with attorney Gloria Allred. "Worthington said his publication is not a `forum for the homosexual community."'
The Monday after the reunion, Allred filed suit in Orange County Superior Court on Engel's behalf against Worthington Reunion Photographers in Costa Mesa, seeking a court order to force company owner Dan Worthington to publish the couple's photograph.
Worthington asserted his "right not to have his publication used to promote a lifestyle and social agenda contrary to his opinions as the publisher," according to a statement from Allred.
The California Court of Appeals disagreed, and Engel won his then- precedent-setting decision upholding his right to be protected by the Unruh Civil Rights Act, and not be discriminated against, Allred said.
Eventually, Engel and his then-partner received a "very humble and contrite apology from Dan Worthington himself," the actor recalled.
The Supreme Court's decision, seen by many as an attack on LGBT rights, "was a crushing blow to the rights of David and countless others," Allred said Monday.
The justices ruled 6-3 along ideological lines in favor of Denver-area web designer Lorie Smith, who cited her Christian beliefs against gay marriage in challenging a Colorado anti-discrimination law. The justices overturned a lower court's ruling that had rejected Smith's bid for an exemption from a Colorado law that prohibits discrimination based on sexual orientation and other factors.
"The question now is, what can be done to right this wrong?" Allred said. "I believe it is necessary for the California State Legislature to take action. The U.S. Supreme Court decision does not wipe out all laws that prohibit discrimination by businesses."
Engel said the Supreme Court decision Friday was "shocking and devastating. I knew that all the work we did ... was undone."