In In re New York State Division of Human Rights v. D. Auxilly NYC LLC, (NY App., Oct. 22, 2026), a New York state appellate court upheld the award of $5000 compensatory damages and a $20,000 civil penalty in a suit alleging that a clothing retailer violated the New York Human Rights Law by refusing to sell a bridal jump suit to a bride for her same-sex wedding. The court said in part:
Complainant, at the time a Missouri resident, emailed D. Auxilly, a New York based business that produces and sells attire, including bridal outfits, to inquire about a bridal jumpsuit she had seen advertised on one or more of D. Auxilly's social media pages.... Complainant also informed D. Auxilly that as her fiancÉ had "fallen in love" with it after struggling to find anything she liked, complainant wanted to purchase it for their upcoming wedding. ... D. Auxilly's owner and operator, responded ... advising complainant ... that she would not be able to make the garment for a same-sex wedding because it would go against her religious beliefs. She also urged complainant and her fiancÉ to reconsider getting married....
The First Amendment does not shield D. Auxilly from liability for this discrimination. Unlike the baker in Masterpiece Cakeshop v Colorado Civil Rights Comm...., D. Auxilly was not asked to design and create customized items which might constitute an "expressive statement." Nor was it tasked with creating a customized wedding website, as in 303 Creative LLC v Elenis.... Instead, D. Auxilly refused to sell the wedding garment it had previously designed and which it had marketed to the public. While the garment likely would need to be adjusted for sizing, this potential sizing alteration would not constitute an expressive statement. Neither would D. Auxilly's "speech" be compelled here by requiring it to sell the previously designed and marketed garment...
Enforcement of the NYSHRL here also does not violate D. Auxilly's right to free exercise of religion. The statute is "neutral, both on its face and due to a lack of evidence that it targets religious conduct for a distinctive treatment"....