Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06229
Refusing to sell wedding goods to a same-sex couple is discrimination the First Amendment does not shield
Matter of New York State Div. of Human Rights v D. Auxilly NYC LLC
Read the official decision: 2026 NY Slip Op 06229
Holding The court affirmed the Division of Human Rights’ order finding that the respondent discriminated against the complainant based on sexual orientation in violation of the NYSHRL. The court held that the First Amendment did not shield the business from liability because it refused to sell a previously designed and marketed garment rather than creating a customized expressive item.
Why it matters
Clarifies the boundary between protected religious expression and commercial discrimination under the NYSHRL in the context of same-sex weddings
Distinguishes Masterpiece Cakeshop and 303 Creative by emphasizing the sale of pre-existing goods over custom creation
The court’s words
D. Auxilly refused to sell the wedding garment it had previously designed and which it had marketed to the public
2026 NY Slip Op 06229, at the official text
The statute is neutral, both on its face and due to a lack of evidence that it targets religious conduct for a distinctive treatment
2026 NY Slip Op 06229, at the official text
The civil penalty of $20,000 is neither disproportionate to the offense nor does it shock the conscience
2026 NY Slip Op 06229, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 22, 2026 |
| Citation | 2026 NY Slip Op 06229 |
| Area of law | Civil Rights and Constitutional Law |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06229 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1496 |
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Recommended citation
ESQ HQ, New York Law Watch, Matter of New York State Div. of Human Rights v D. Auxilly NYC LLC, 2026 NY Slip Op 06229 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06229/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.