Cape Town – The owner of controversial wedding venue Beloftebos, who refused to host same-sex couples on two occasions, has claimed there has been a “failure to see her position”.
In an answering affidavit contained in their counter-application to the Equality Court, Cornelia de Villiers argues she and her husband Andries’s right to freedom of religion cannot be trumped.
In January, Beloftebos refused to host Sasha-Lee Heekes and fiancée Megan Watling, who wanted to tie the knot in April next year.
In 2017, they refused to host Alexandra Thorne and Alex Lu, telling them this was because they “only host heterosexual marriages”.
The SA Human Rights Commission (SAHRC) has since filed an application against the Stanford wine farm
couple, which they hope will set a precedent that will prevent other businesses from refusing services to same-sex couples.
When the application was
launched in March, commissioner Andre Gaum said they believed Beloftebos was in violation of the Constitution.
Among other things, the SAHRC wants the court to declare that Beloftebos has breached the Equality Act in that it unfairly discriminated on the grounds of sexual orientation; and to restrain Beloftebos owners
from applying their policy of not allowing wedding services for same-sex couples.
In a counter-application, De Villiers wants the Equality Court to
find that the SAHRC has unfairly
discriminated against them on
grounds of conscience, religion and belief.
She also wants the court to order that the SAHRC apologise to her and her husband for “a failure to protect their constitutional rights”.
“It is because of our deep religious convictions regarding the meaning and symbolic value of marriage that we operate a wedding venue in the first place.
“To suggest, as the applicant does, that if we are forced to act against our beliefs (by hosting weddings for same-sex couples), that does not mean we cannot continue to believe what
we believe, is equally flawed in
understanding and reasoning,”
De Villiers said.