ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, First Department
DecidedOctober 22, 2026
Citation2026 NY Slip Op 06229
Area of lawCivil Rights and Constitutional Law
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06229
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1496

Same court and area in the last 180 days

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 works

Featured by Eric McAvey, November 14, 2026.

Published October 22, 2026. Updated November 14, 2026.