2:14-cv-00441 #29

DAVID A. CORTMAN* [email protected] Georgia Bar No. 188810 KEVIN H. THERIOT* [email protected] Georgia Bar No. 373095 Rory T. Gray* [email protected] Georgia Bar No. 880715 ALLIANCE DEFENDING FREEDOM 1000 Hurricane Shoals Road NE, Suite D-1100 Lawrenceville, Georgia 30043 (770) 339-0774 (770) 339-6744 Fax JEREMY D. TEDESCO* [email protected] Arizona Bar No. 023497 JONATHAN A. SCRUGGS* [email protected] Arizona Bar No. 030505 ALLIANCE DEFENDING FREEDOM 15100 N. 90th Street Scottsdale, AZ 85260 (480)-444-0020 (480)-444-0028 Fax VIRGINIA MCNULTY ROBINSON [email protected] Idaho Bar No. 7380 ROBINSON LAW, PLLC 1910 Northwest Blvd., Suite 200 Coeur d'Alene, Idaho 83814 (208) 664-1139 (208) 664-1171 Fax Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF IDAHO

DONALD KNAPP; EVELYN KNAPP; HITCHING POST WEDDINGS, LLC, Plaintiff, v.

Case No. 2:14-CV-00441-REB

PLAINTIFFS’ FIRST AMENDED VERIFIED COMPLAINT

Case 2:14-cv-00441-REB Document 29 Filed 03/16/15 of 84

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CITY OF COEUR D'ALENE, Defendant.

NATURE OF THIS ACTION

1. This case is about the City of Coeur d’Alene unconstitutionally coercing two

Christian ministers, Donald and Evelyn Knapp, to perform same-sex wedding ceremonies at The

Hitching Post Wedding Chapel in violation of their personal religious beliefs, their ordination

vows, and their consciences.

2. Coeur d’Alene does so by imposing a Hobson’s choice on the Knapps through

City Ordinance §9.56, which bars sexual orientation discrimination in public accommodations:

the Knapps can either violate their religious convictions and ministerial vows by performing

same-sex wedding ceremonies or follow their religious convictions and vows by declining to

perform same-sex ceremonies and face up to 180 days in jail and up to $1,000 in fines for each

violation.

3. The Knapps publicly announced in May 2014 that they could not perform same-

sex marriage ceremonies at The Hitching Post because of their religious beliefs.

4. They did so in response to media questioning after the Idaho district court ruled

that Idaho’s laws stating that marriage is a union between a man and a woman were

unconstitutional.

5. From May 2014 to October 2014, the City privately and publicly threatened to

apply Ordinance §9.56 to the Knapps if same-sex marriage became legal in Idaho and the

Knapps declined to perform a same-sex wedding ceremony at The Hitching Post Wedding

Chapel.


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6. In May 2014, after the Idaho district court invalidated the State’s marriage laws,

City Attorney Warren Wilson publicly stated that for-profit wedding chapels would violate

Ordinance §9.56 if they declined to perform same-sex wedding ceremonies.

7. Mr. Wilson publicly and specifically named The Hitching Post as a wedding

chapel that would be in violation of the law if it declined to perform same-sex wedding

ceremonies.

8. Mr. Knapp read Mr. Wilson’s public statements in media reports and became

deeply concerned.

9. Mr. Knapp called the Coeur d’Alene City Attorney’s Office on approximately

May 20, 2014.

10. Mr. Knapp talked to Wilson, the City attorney quoted in the media reports.

11. Mr. Knapp said he was a minister and served at The Hitching Post.

12. Mr. Knapp asked Wilson if the Coeur d’Alene anti-discrimination ordinance

required Knapp and The Hitching Post to perform same-sex wedding ceremonies.

13. Mr. Knapp also asked if he was exempt from the ordinance since he was an

ordained minister.

14. Wilson responded that Mr. Knapp would have to perform same-sex wedding

ceremonies because of the Coeur d’Alene ordinance.

15. Wilson also responded that Mr. Knapp was not exempt from the ordinance

because the Hitching Post was a business and not a church.

16. Mr. Knapp asked what would happen if he refused to perform the same-sex

wedding ceremonies.


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17. Mr. Knapp did not ask about the penalty for violating the ordinance in general,

but asked specifically about what would happen to him if he and the Hitching Post refused to

perform same-sex wedding ceremonies.

18. Wilson responded that Mr. Knapp could be fined up to $1,000 and serve up to 180

days in jail.

19. During the conversation between Mr. Knapp and Wilson, Wilson conveyed that

he knew what the Hitching Post was and was familiar with the Hitching Post’s services.

20. Mr. Knapp was deeply concerned at the prospect of having to forgo his religious

beliefs or suffer fines and jail time. So Mr. Knapp wanted to make sure the city ordinance

required him to do what the ordinance and the officials said.

21. Approximately a month after the May 20, 2014 telephone call, Mr. Knapp again

called the Coeur d’Alene City Attorney’s Office.

22. This time, Mr. Knapp talked to either Deputy City Attorney Wilson or City

Attorney Michael Gridley.

23. Mr. Knapp said he was a minister and served at the Hitching Post.

24. Mr. Knapp asked if the Coeur d’Alene anti-discrimination ordinance required him

and the Hitching Post to perform same-sex wedding ceremonies.

25. Wilson or Gridley responded that the Coeur d’Alene ordinance required Mr.

Knapp to perform same-sex wedding ceremonies and that Mr. Knapp was not exempt from this

requirement.

26. During this conversation, the city official conveyed that he knew what the

Hitching Post was and was familiar with the Hitching Post’s services.


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27. During the two conversations between Mr. Knapp and city officials, the city

officials made clear to Mr. Knapp that the anti-discrimination ordinance applied to him and to

the Hitching Post and that the ordinance required Mr. Knapp and the Hitching Post to perform

same-sex ceremonies.

28. After Mr. Knapp’s two conversations with the City Attorney’s office, Mr. and

Mrs. Knapp became deeply concerned and fearful that they would be arrested and prosecuted if

they declined to perform same-sex wedding ceremonies.

29. Mr. Knapp has experienced severe stress and anxiety on account of his fear of

being arrested and prosecuted by the City.

30. His fear and anxiety has been so great that it has resulted in him being unable to

sleep on many nights.

31. The City’s threat became a reality for the Knapps when the United States Court of

Appeals for the Ninth Circuit invalidated Idaho’s marriage laws and legalized same-sex marriage

in Idaho on October 7, 2014, thereby allowing Idaho county clerks to begin issuing same-sex

marriage licenses on October 15, 2014.

32. Based on the City’s threats to enforce Ordinance §9.56 specifically against the

Knapps, they closed their business for several days after same-sex marriage became legal in

Idaho so that they would not be in violation of the Ordinance, and be subject to arrest and

prosecution.

33. The Knapps lost revenue as a result of being closed on those days.

34. One day after reopening, the Knapps received a request to perform a same-sex

wedding ceremony and declined to do so on the basis of their sincerely held religious beliefs,

putting them in direct violation of Ordinance §9.56.


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35. Accordingly, the Plaintiffs immediately filed this lawsuit to prevent the City from

enforcing Ordinance §9.56 against them.

36. Prior to the filing of this lawsuit, the City consistently interpreted Ordinance

§9.56’s exemption for “[r]eligious corporations, associations, educational institutions, or

societies” to apply solely to non-profit, religious organizations.

37. The Hitching Post has always been, was at the time of the filing this lawsuit, and

still is, a for-profit corporation.

38. After the filing of this lawsuit, the City confirmed in a letter to Plaintiffs’ counsel

dated October 20, 2014, that Ordinance §9.56 applies to for-profit business, like The Hitching

Post.

39. A true and correct copy of this letter is attached as Exhibit 1.

40. In this letter, the City affirmed four times that Ordinance §9.56 applies to for-

profit entities and not to non-profit entities:

• “If they [the Knapps] are truly operating a not-for-profit religious corporation

they would be specifically exempted from the City’s anti-discrimination

ordinance…” (emphasis added);

• “If they are operating as a legitimate not-for-profit religious corporation then

they are exempt from the ordinance like any other church or religious

organization.” (emphasis added);

• “On the other hand, if they are providing services primarily or substantially for

profit and they discriminate in providing those services based on sexual

orientation then they would likely be in violation of the ordinance.” (emphasis

added);


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• “I want to be clear that absent a change in the City’s anti-discrimination

ordinance or other applicable state or federal law, the City will not prosecute

legitimate, nonprofit religious corporations, associations, educational

institutions, or societies….” (emphasis added).

41. After the suit was filed and the City’s October 20, 2014 letter was sent, the City

came under intense public scrutiny and criticism by national and local media and citizens.

42. Because of the filing of this lawsuit and the intense public scrutiny and criticism

that followed, the City for the first time announced that The Hitching Post would be exempted

from Ordinance §9.56 on October 23, 2014.

43. The City’s post-litigation exemption of Plaintiffs from Ordinance §9.56 is nothing

more than a litigation tactic, is not binding on the City, and could be revoked at any time for any

reason.

44. Only an order from this Court will remedy the City’s violation of the Plaintiffs’

constitutional rights and prevent the City from enforcing Ordinance §9.56 against the Knapps,

and other similarly-situated religious business owners, in a manner that violates their

constitutionally-protected rights in the future.

45. The First Amendment does not allow the government to force regular citizens or

religious corporations much less ordained ministers to choose between suffering escalating fines

and jail time for following their religious beliefs and ordination vows or forsaking their religious

beliefs and ordination vows and perform same-sex wedding ceremonies. But that is exactly the

choice City Ordinance §9.56 required, and is still requiring, the Knapps to make. For these

reasons, the Knapps and Hitching Post Weddings, LLC ask this Court to award them

compensatory damages for the days they were forced to close due to the City’s threats to enforce


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Ordinance §9.56 against them, and to enjoin the Ordinance and declare it unconstitutional as

applied to them because this application violates the Free Speech Clause, the Free Exercise

Clause, the Equal Protection Clause, the Due Process Clause, and Idaho’s Free Exercise of

Religion Protected Act.

JURISDICTION AND VENUE

46. This civil rights action raises federal questions under the United States

Constitution, particularly the First and Fourteenth Amendments, and the Civil Rights Act of

1871, 42 U.S.C. § 1983.

47. This action also raises claims under state law, particularly the Idaho Free Exercise

of Religion Protected Act (FERPA), Idaho Code § 73–401 et seq.

48. This Court has original jurisdiction over the federal claims under 28 U.S.C. §§

1331 and 1343 and has supplemental jurisdiction over the state claims under 28 U.S.C. §1367.

49. This Court has authority to award the requested damages under 28 U.S.C. § 1343

and Idaho Code. § 73-402(4); the requested declaratory relief under 28 U.S.C. §§ 2201-02 and

Idaho Code. § 73-402(4); the requested injunctive relief under 28 U.S.C. § 1343, Fed. R. Civ. P.

65, and Idaho Code. § 73-402(4); and costs and attorneys’ fees under 42 U.S.C. § 1988 and

Idaho Code. § 73-402(4).

50. Venue is proper in this district under 28 U.S.C. § 1391(b) because the Defendants

reside in this district and/or all of the acts described in this Complaint occurred in this district.

PLAINTIFFS

51. Plaintiff Donald Knapp is a Christian and an ordained minister with the

International Church of the Foursquare Gospel.


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52. Mr. Knapp is a resident and citizen of the state of Idaho and is married to his wife

Evelyn Knapp.

53. Mr. Knapp is also one of the two members (“member” is the formal name for an

owner of an LLC) of Hitching Post Weddings, LLC.

54. Plaintiff Evelyn Knapp is a Christian and an ordained minister with the

International Church of the Foursquare Gospel.

55. Mrs. Knapp is a resident and citizen of the state of Idaho and is married to Mr.

Knapp.

56. Mrs. Knapp is the other member of Hitching Post Weddings, LLC.

57. Plaintiff Hitching Post Weddings is a limited liability company organized under

Idaho law, with its principal place of business at 524 Government Way, Coeur d'Alene, Idaho.

58. Hitching Post Weddings, LLC’s operating agreement explains the company’s

religious character and purpose:

The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers. The purpose of the Hitching Post is to help people create, celebrate, and build lifetime, monogamous, one-man-one-woman marriages as defined by the Holy Bible.

DEFENDANT

59. Defendant City of Coeur d’Alene is a municipal corporation authorized under

state law to sue and be sued. See Idaho Code § 50–101 et seq.

60. Coeur d’Alene is responsible for passing and enforcing its ordinances, including

City Ordinance §9.56.


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FACTUAL BACKGROUND

The Knapps come to faith 60 years ago

61. In September 1952 at a small, International Church of the Foursquare Gospel

church in Oregon City, Oregon, a teacher summarized the good news about Jesus to a room full

of young children. The teacher then prayed and released the children to report to their parents.

Donald Knapp was in the room that day. He began to follow Jesus at the age of six.

62. Mr. Knapp immediately reported his new commitment to his mother, who had

faithfully brought him to the church since his birth.

63. As far back as he can remember, Mr. Knapp has followed Jesus.

64. As far back as he can remember, Mr. Knapp attended a Foursquare Church.

65. Mrs. Knapp began to follow Jesus in 1953 in Martinez, California. She was five

years old.

66. She started attending a Foursquare Church a few years later in Downey,

California and has continued to do so ever since.

67. The Knapps eventually crossed paths in Los Angeles at LIFE (Lighthouse of

International Foursquare Evangelism) Bible College, the flagship college for ministers,

missionaries and teachers of the Foursquare Church.

The Knapps begin life together at a wedding chapel

68. Mr. Knapp enrolled at LIFE Bible in 1964.

69. A year later, Mr. Knapp attended a revival meeting at a church near campus, and

during a time of prayer there Mr. Knapp felt God call him to formal ministry. From that point

forward, Mr. Knapp pursued his calling to be a minister in the Foursquare Church.


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70. That same year, Mrs. Knapp came to LIFE Bible and met Mr. Knapp for the first

time.

71. Four months after their first date, on a scenic excursion to Wayfarer’s Chapel, Mr.

Knapp proposed to Mrs. Knapp. She accepted, and they were married at a Foursquare church on

August 5, 1967. They have been married over 47 years.

72. Mr. Knapp then graduated from LIFE Bible in June 1968 with a degree in

theology. By graduating from LIFE Bible, Mr. Knapp received his license to be a minister in the

Foursquare Church.

The Knapps minister throughout Pacific Northwest

73. Mr. Knapp then put that license to use, and he and Mrs. Knapp moved to

Prineville, Oregon where Mr. Knapp pastored his first church: Prineville Foursquare Church.

74. For the next thirteen years, the Knapps served numerous Foursquare Churches in

the northwest area:

• 1968-70: Prineville Foursquare Church in Prineville, Oregon

• 1970-72: The Valley Foursquare Church in Millwood, Washington

• 1972-77: Coeur d'Alene Foursquare Church in Coeur d'Alene, Idaho

• 1977-80: New Life Christian Center Church in Spokane Valley, Washington

75. At each stop, Mr. Knapp served as lead pastor or assistant pastor. He even

founded New Life Christian Center Church.

76. And early in his pastoral career, Mr. Knapp received his ordination from the

Foursquare Church after he had served enough time in a local church to qualify for ordination.

77. The Foursquare Church ordained Mr. Knapp in February of 1970.


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78. Before and after he was ordained, Mr. Knapp performed typical pastoral duties for

his churches, preaching, speaking at funerals, teaching Sunday school, counseling church

members, baptizing new believers, administering communion, and officiating weddings.

79. Mr. Knapp officiated his first wedding in 1969.

80. At each church on their journey, Mrs. Knapp served alongside Mr. Knapp,

volunteering in any capacity she could to support her husband and the church.

81. For example, Mrs. Knapp taught Sunday school, counseled church members, led

Bible study groups, and played the piano.

82. A few years later, Mrs. Knapp sought ordination because she had served in

churches beside Mr. Knapp for so long.

83. The Foursquare Church ordained Mrs. Knapp in May 1978.

84. In 1980, the Knapps finally came to the church they still attend today: Life Center

Foursquare Church in Spokane. Mr. Knapp served as an assisting pastor for this church, and Mrs.

Knapp volunteered like she did before.

85. But the scope of their ministry expanded when the Knapps received an offer from

a member of their former church: an offer to buy the Hitching Post.

The Knapps begin Hitching Post Chapel ministry

86. Mr. Knapp first learned about the Hitching Post Chapel around 1975 from a

member of his Coeur d'Alene church, John Green. Green worked at the Hitching Post and

eventually purchased it.

87. But Mr. Knapp did not begin to work at the Hitching Post Chapel until 1987. At

that time, a former minister of the Coeur d'Alene Foursquare Church was officiating weddings at


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the Hitching Post Chapel seven days a week. This was too much for him. So he called his friend

Mr. Knapp and asked for help.

88. The request intrigued Mr. Knapp. Mr. Knapp not only needed extra income, he

thought the experience would be a perfect way to use his talents and ministerial experience to

bless others.

89. So Mr. Knapp agreed and began working and officiating weddings at the Hitching

Post Chapel one day a week starting in fall 1987.

90. Mr. Knapp continued to work at the Hitching Post Chapel in this capacity for one

and a half years.

91. Then in 1988, John Green offered to sell the Hitching Post to the Knapps because

Green had fallen into some financial troubles.

92. The prospect of owning a small business both excited and scared the Knapps. So

they prayed long and hard about the offer. And God answered their prayers. The Knapps became

convinced that God had opened a door for them to pursue this new opportunity and had called

them to minister in this new venue.

93. Indeed, the Knapps decided to go forward because the Hitching Post allowed

them to serve people in a pastoral role just as they served in pastoral roles in their church. The

Knapps viewed their wedding services at the Hitching Post as their ministry, as an opportunity to

touch lives and to speak the good news about God, about God’s love, and about the meaning of

marriage to a whole new category of people.

94. So the Knapps bought the Hitching Post business and name from Green in 1989

and began leasing the Hitching Post Wedding Chapel that same year.


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Knapps form for-profit corporation in Washington

95. For their newly acquired business, the Knapps created a new corporation in

Washington State.

96. The Knapps named this corporation D.L.K. Enterprises, Inc. The corporation did

business as the Hitching Post.

97. The Knapps incorporated D.L.K. Enterprises, Inc. D/B/A the Hitching Post as a

“profit corporation” under Washington law. See

http://www.sos.wa.gov/corps/ProfitCorporationsOnlineandPaperRegistration.aspx.

98. Washington State recognizes the following corporate forms: a sole proprietorship,

a general partnership, a profit corporation, a limited liability company (LLC), a nonprofit

corporation, a limited partnership (LP); and a limited liability partnership (LLP). See

http://www.sos.wa.gov/corps/registration_structures.aspx (outlining business structures allowed

in Washington).

99. Washington does not recognize a “religious corporation” as an official corporate

structure.

100. According to Washington law, every corporation incorporated under Title 23B of

the Revised Code of Washington “has the purpose of engaging in any lawful business unless a

more limited purpose is set forth in the articles of incorporation.” Wash. Rev. Code §

23B.03.010.

101. The Knapps also elected to file their federal and Idaho tax returns for D.L.K.

Enterprises, Inc. D/B/A the Hitching Post as an S Corporation.

The Hitching Post Chapel: 95 years of weddings

102. The Hitching Post hosted weddings long before the Knapps bought it.


http://www.sos.wa.gov/corps/ProfitCorporationsOnlineandPaperRegistration.aspx

http://www.sos.wa.gov/corps/registration_structures.aspx

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103. Upon information and belief, The Hitching Post opened its doors and began

hosting weddings in the Coeur d'Alene area as far back as 1919.

104. In those days, the justice of the peace would select a location for his office and

that location became known as the Hitching Post. Eventually, the government dissolved the

justice of the peace position, and ministers stepped in to officiate weddings at the Hitching Post.

105. The Hitching Post moved to its current location sometime in the 1950s.

106. This current location is 524 N Government Way, Coeur d'Alene, Idaho.

107. In this location, the Hitching Post Chapel is approximately 300 feet from the

Kootenai County Clerk’s office.

108. The Hitching Post Chapel and the Kootenai County Clerk’s office are located on

the same street.

109. The Kootenai County Clerk’s office issues marriage licenses.

110. A person can walk from the Kootenai County Clerk’s office to the Hitching Post

Chapel in roughly 1 minute.

111. Couples often do precisely this. They get their marriage license from the Kootenai

County Clerk’s office and walk across the street to wed at the Hitching Post Chapel.

112. Because the Clerk’s office is so close by, the Hitching Post Chapel is a very

convenient and popular spot for couples wanting a wedding service.

113. Roughly 50% of Hitching Post customers come to the Hitching Post Chapel on

the same day they receive their marriage license from the Kootenai County Clerk’s office.

I believe in God the Father Almighty: the Knapps affirm the Bible on marriage

114. The Knapps are evangelical Christians who hold to historic Christian beliefs.


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115. For example, the Knapps believe that God has revealed His will in the Bible, that

all people have violated God’s commands, and that all people need forgiveness offered through

God’s Son, Jesus Christ.

116. The Knapps also hold to the church’s historic view on marriage, sexual desire,

and sexual activity.

117. Specifically, the Knapps believe that God created two distinct genders in His

image, that God ordained marriage to be between one man and one woman, and that God intends

for all sexual activity to occur within this one-man-one-woman marriage covenant.

118. As a corollary to these beliefs and because of statements in the Bible addressing

this topic, the Knapps believe that all sexual acts outside and contrary to a one-man-one-woman

marriage covenant are contrary to God’s will, including fornication, homosexual acts, and

polygamy.

119. Likewise, the Knapps believe that Christian ministers perform and participate in a

religious ceremony when they officiate a wedding.

120. As Christian ministers, when the Knapps officiate at weddings, they publicly

bless, promote, pray for, and endorse those marriages. They also convey religious messages

about those marriages and ceremonially initiate those marriages.

121. For this reason, the Knapps cannot officiate a same-sex wedding or commitment

ceremony without violating their religious beliefs, promoting activities contrary to their religious

beliefs, and expressing messages contradicting their religious beliefs.

122. Because the Knapps cannot perform same-sex wedding ceremonies and comply

with their personal religious beliefs, they have always operated their wedding business in


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accordance with these religious beliefs by consistently declining to perform same-sex wedding

ceremonies.

123. While the Knapps believe all forms of sexual immorality are contrary to God’s

will, they also believe that all people are created in God’s image, and therefore all people deserve

to be treated with dignity and respect.

124. Likewise, the Knapps believe Jesus commanded Christians to love their

neighbors.

125. Accordingly, the Knapps exhibit love toward every person they meet and treat

them with dignity and respect, regardless of who they are, regardless of their sexual orientation,

and regardless of whether they act in ways the Knapps consider contrary to God’s word.

126. The Knapps also hold a Christian view of vocation and work.

127. Specifically, the Knapps believe that they should honor God in all aspects of their

lives, including their work, and that they should seek to serve God and their neighbors through

their vocation.

128. As a result, the Knapps exhibit love toward every person they encounter while

they work and they treat them with dignity and respect.

I believe in the Holy Catholic Church: the Knapps affirm the Church on marriage

129. As ordained ministers in the International Church of the Foursquare Gospel, the

Knapps have affirmed their agreement with the Church’s religious beliefs.

130. The following documents identify and explain the beliefs of the Foursquare

Church: the Foursquare Creedal Statement, the Foursquare Declaration of Faith, and the

Corporate Bylaws of the International Church of the Foursquare Gospel.


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131. The Foursquare Church also issues a Handbook for the Operation of Foursquare

Churches that contains regulations about ordination for Foursquare ministers.

132. According to the Foursquare Corporate Bylaws, the Board of Directors may

revoke the credentials of a Foursquare minister on the following grounds:

• Heresy

• Willful failure or refusal to comply with the provisions of the “Declaration of Faith,” the Articles, or these Bylaws as applicable to the minister’s place of appointment or service

Bylaws §12.2.5.

133. These Bylaws also require persons do the following to be entitled to membership

in a Foursquare Church:

• Subscribe and adhere to the “Declaration of Faith,” compiled by Aimee Semple McPherson.

• Agree to comply with the Articles and these Bylaws. Bylaws §13.6.1.

134. Church membership can be revoked for the following reasons:

• Refusal to adhere to the “Declaration of Faith,” or to comply with the provisions of the Articles or these Bylaws

• Willful unchristian or unscriptural conduct.

Bylaws §13.6.7.

135. These Bylaws later specify: “Marriage is a biblical covenant relationship between

a man and a woman established initially by God…. High standards of marriage are very essential

to the individual, to the family, and to the cause of Christ.” Bylaws §13.6.8.

136. The Bylaws also require Foursquare pastors to “[e]vangelize the community,

strive for the salvation of souls, edify the church, and build up Christian life throughout the


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church by preaching, teaching, conducting services, and administering ordinances, including

marriage only between a man and a woman.” Bylaws §14.4.

137. At the end of the Bylaws is an appendix entitled “Minister’s Code of Ethics.” This

code requires Foursquare ministers to affirm the following:

• As an ordained or licensed minister or Christian worker, I subscribe in full to the contents of the “Declaration of Faith,” compiled by Aimee Semple McPherson, Founder of the International Church of the Foursquare Gospel.

• I declare myself in harmony with and bind myself to the objects, purposes and provisions of the Articles of Incorporation and bylaws of the International Church of the Foursquare Gospel.

• I agree that I am obligated by my divine call as a Christian and as a

minister of the Gospel of Jesus Christ to abide by, in ministry and life, the biblical standards of integrity and morality to which all Christian leadership is accountable.

• I agree to comply with the foundational principles, processes and

procedures of the International Church of the Foursquare Gospel, as set forth in the following Board approved documents: “The Declaration of Faith,” “Articles of Incorporation and bylaws of the International Church of the Foursquare Gospel.” I will exhort my fellow Foursquare ministers to uphold the principles of a holy life and to adhere to the foundational principles, processes and procedures of the International Church of the Foursquare Gospel.

138. Ministers of the Foursquare Church must subscribe and adhere to this Code of

Ethics as “a prerequisite for licensing and/or ordination.” Handbook for the Operation of

Foursquare Churches §12.1.

139. In their ordination vows, the Knapps pledged to abide by the Foursquare

Statement of Faith and Bylaws.

140. If the Knapps performed a same-sex wedding ceremony, they would violate their

ordination vows and risk Church discipline, including the possible revocation of their credentials

as ministers.


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141. Because the Knapps cannot perform same-sex wedding ceremonies and comply

with their ordination vows, they have always operated their wedding business in accordance with

these religious beliefs.

The Knapps form Hitching Post Weddings LLC

142. The Knapps view their work and business at Hitching Post as ministry. Thus, they

operate every aspect of the Hitching Post for a religious purpose and based on their religious

beliefs.

143. When the Knapps bought the Hitching Post, they initially incorporated the

business as a “profit corporation” in Washington State and filed the federal tax return for the

Hitching Post as an S corporation.

144. Eventually, the Knapps incorporated in Idaho, remaining a for-profit corporation.

145. This Limited Liability Company is called Hitching Post Weddings, LLC.

146. Hitching Post Weddings, LLC, is a for-profit corporation.

147. Idaho recognizes the following corporate forms: a sole proprietorship, a general

partnership, a profit corporation, a non-profit corporation, a limited liability company (LLC), an

unincorporated nonprofit association, a limited partnership (LP); and a limited liability

partnership (LLP). See, e.g., http://www.sos.idaho.gov/corp/typecorp.htm;

http://www.sos.idaho.gov/corp/index.html (outlining business structures allowed in Idaho).

148. Idaho does not recognize a “religious corporation” as an official corporate form.

149. Due to the fact that an Idaho district court judge had ruled in May 2014 that

Idaho’s laws stating that marriage is a union between a man and a woman were unconstitutional,

and that the Ninth Circuit had ruled in an earlier case that such laws violate the Constitution, the

Knapps believed it was imminent that same-sex marriage would become legal in Idaho.


http://www.sos.idaho.gov/corp/typecorp.htm

http://www.sos.idaho.gov/corp/index.html

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150. In light of the imminence of same-sex marriage becoming legal and the City’s

repeated threats that the Knapps would be in violation of Ordinance §9.56 if they declined to

perform same-sex marriages, the Knapps decided to memorialize what was already the religious

purpose of The Hitching Post and the fact that they run the business according to their religious

beliefs.

151. In incorporating in Idaho as the Hitching Post Weddings, LLC, the Knapps did

not convert their business into a formal “religious corporation.” Idaho does not even recognize a

corporate form called a “religious corporation.”

152. Rather, the Knapps simply exchanged one for-profit corporate form for another,

and incorporation from one state to another.

153. The Knapps have always operated their business in accordance with their

religious beliefs.

154. The Knapps have always offered to perform and have always performed civil

wedding ceremonies at the Hitching Post and will continue to do so because they view all

wedding ceremonies as religious ceremonies since God created the institution of marriage.

155. The Knapps only perform civil wedding ceremonies if those ceremonies are

consistent with the Knapps’ religious beliefs and contain principles drawn from the Bible.

156. The Knapps began to operate the Hitching Post as a for-profit business entity in

1989, they have always operated the Hitching Post as a for-profit business, and they continue to

operate the Hitching Post as a for-profit business entity now.

157. The Knapps do not operate Hitching Post Weddings, LLC as a non-profit entity

and have not requested a 501(c)(3) tax status for Hitching Post Weddings, LLC.


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158. The Knapps have received permission from the Internal Revenue Service to

designate the Hitching Post Weddings, LLC as a for-profit S Corporation, and the Knapps will

file their federal and Idaho 2014 tax returns for the Hitching Post Weddings, LLC as a for-profit

S Corporation.

159. Hitching Post Weddings, LLC has the same tax status as D.L.K. Enterprises, Inc.

D/B/A the Hitching Post.

160. Hitching Post Weddings, LLC has the same goals that D.L.K. Enterprises, Inc.

D/B/A Hitching Post had, and Hitching Post Weddings, LLC operates according to the same

religious principles and practices that D.L.K. Enterprises, Inc. D/B/A the Hitching Post operated

by.

161. The Operating Agreement of Hitching Post Weddings, LLC identifies the

company’s character, ethos, and goals. See Exhibit 2.

162. Section 3.1 of this Agreement is entitled “Purpose.”

163. This section reads as follows:

The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers. The purpose of the Hitching Post is to help people create, celebrate, and build lifetime, monogamous, one-man-one-woman marriages as defined by the Holy Bible. The Christian religion requires that all its adherents, and especially its ministers, apply their religious precepts and doctrines to all facets of their lives, including their work and the operation of their businesses. For this reason, the Hitching Post reserves the right to refuse a request for services that would require the entity to engage in conduct that conflicts with its owners’ sincerely held religious beliefs and the ministerial vows taken by the owners. The Hitching Post engages in its own expression through the services that it provides. In so doing, The Hitching Post intentionally expresses public messages that promote aspects of its owners’ Christian religion and those are not inconsistent with those sincerely held beliefs. For this reason, The Hitching Post


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reserves the right to refuse a request for services that would require the entity to engage in or host expression that violates its owners’ sincerely held religious beliefs. Only Hitching Post’s owners and employees perform the weddings at Hitching Post Chapel and other locations scheduled by the Hitching Post. They have ultimate control over the content of the ceremony and will not conduct a ceremony that expresses messages that are inconsistent with their Christian faith. The Hitching Post provides wedding and marriage-related services for the purpose of publicly expressing and promoting that marriage is the union of one man and one woman, which is consistent with its owners’ sincerely held religious beliefs and with their ministerial vows. Any request for wedding and marriage-related services not within this identified purpose is outside the scope of services offered by the Hitching Post. The Hitching Post, consistent with its owners’ sincerely held religious beliefs, provides wedding and marriage-related services also for the purposes of promoting the social institution of marriage as a fundamental building block of our society and promoting the public understanding of marriage as the union of one man and one woman. By furthering these purposes, the Hitching Post endeavors to instill and promote this biblical understanding of marriage and marriage-related values in the communities where it operates. Achieving these goals is important to ensure that marriage remains a vital social institution that uniquely promotes the raising of children by their mother and father. 164. Hitching Post Weddings, LLC abides by its Operating Agreement.

165. The purpose of Hitching Post Weddings, LLC is to help people create, celebrate,

and build lifetime, monogamous, one-man-one-woman marriages as defined by the Holy Bible.

166. The purpose of Hitching Post Weddings, LLC is also to maximize profit in ways

consistent with its stated religious goals.

167. Hitching Post Weddings, LLC engages in its own expression when its owners and

employees perform the weddings at Hitching Post Chapel and other locations scheduled by the

Hitching Post Weddings, LLC.

168. Hitching Post Weddings, LLC reserves the right to refuse a request for services

that would require the entity to engage in or host expression that violates its owners’ sincerely

held religious beliefs.


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Hitching Post Weddings LLC practices what it preaches

169. To ensure that Hitching Post Weddings LLC achieves its stated goals and follows

its corporate documents, the Knapps implemented certain policies and practices.

170. For example, Hitching Post Weddings LLC requires all its employees to sign the

“Hitching Post Employee Policy, Rules, and Regulations Regarding Marriage Ceremonies.”

171. A true and correct copy of this Employee Policy is attached to the Complaint as

Exhibit 3.

172. This Employee Policy recites the “Purpose” section in the Hitching Post

Weddings LLC Operating Agreement.

173. Then, the Employee Policy specifies the following Rules and Regulations:

• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.

• In accordance with the religious beliefs and ministerial vows of the

Hitching Post owners, Hitching Post owners and employees will only perform wedding ceremonies for couples entering into a one biological male and one biological female union. Hitching Post owners and employees will not conduct wedding ceremonies or their equivalent (i.e. commitment ceremonies, etc.) for same-sex, polyamorous, bigamous, or any other relationship that is inconsistent with the Hitching Post owners’ religious belief that marriage is a union between man and woman.

• In accordance with the religious beliefs and ministerial vows of the

Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.


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• Persons of all age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity/expression, disability, marital status, and socioeconomic status are welcomed and encouraged to stand with brides and grooms and to attend wedding ceremonies.

• Persons of all age, race, creed, color, sex, national origin, religion, sexual

orientation, gender identity/expression, disability, marital status, and socioeconomic status are welcomed and encouraged to obtain any resource about marriage provided by the Hitching Post.

174. After these rules, the Employee Policy states:

As an employee of the Hitching Post, I agree to perform my job-related activities in accordance with the rules specified above. I agree that I will not perform wedding ceremonies or their equivalent at the Hitching Post Chapel or at any locations scheduled by the Hitching Post in a way that violates the rules specified above. 175. The Employee Policy finally requires Hitching Post Employees to affirm that they

have read and agree to abide by this policy.

176. Employees do so by signing this Policy.

177. Every current employee and owner of Hitching Post Weddings LLC has signed

this Employee Policy.

178. Hitching Post Weddings LLC also requires every wedding ceremony customer to

sign its “Hitching Post Wedding Customer Policy, Rules, and Regulations Regarding Marriage

Ceremonies.”

179. A true and correct copy of this Customer Policy is attached to the Complaint as

Exhibit 4.

180. This Customer Policy states the following:

The Hitching Post is a religious corporation owned by Christian ministers for a religious purpose. If you would like to read a full description of the Hitching Post’s purpose and character and a full description of the wedding ceremonies the Hitching Post will perform, a document outlining these is available upon request. Because of its religious purpose and character, the Hitching Post will only perform wedding ceremonies consistent with the owners’ religious beliefs.


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Therefore, Hitching Post owners and employees will not conduct wedding ceremonies or their equivalent (i.e. commitment ceremonies, etc.) for same-sex, polyamorous, bigamous, or any other relationship that is inconsistent with the Hitching Post owners’ religious belief that marriage is a union between one biological male and one biological female. As a Hitching Post wedding customer, I affirm and promise that I am not requesting the Hitching Post to provide any services that violate the rules specified above. I affirm and promise that I am requesting the Hitching Post to perform a wedding service between one biological male and one biological female. If I have any questions about how these rules apply in my particular instance, I agree to ask a Hitching Post owner or employee before the Hitching Post performs my wedding ceremony at the Hitching Post Chapel or at locations scheduled by the Hitching Post. Please sign that you have read this policy and agree to abide by it:

181. Hitching Post Weddings LLC will not perform a wedding ceremony for

customers until they sign a copy of the Customer Policy.

We are gathered here today to join this man and this woman: services at the Hitching Post Chapel

182. Since the Knapps bought the Hitching Post in 1989, the Hitching Post has offered

and charged for Hitching Post employees to officiate weddings.

183. The Knapps have performed nearly every one of these wedding since the time

they first bought The Hitching Post.

184. The Knapps have hired other ministers to officiate weddings for the Hitching

Post.

185. Before hiring any minister, the Knapps ask the minister to perform a wedding

service in front of them. That way, the Knapps ensure that the minister performs ceremonies

consistent with their religious beliefs.

186. The Hitching Post does not allow customers to use their own ministers to perform

weddings at the Hitching Post Chapel.


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187. The Hitching Post offers wedding services at the Hitching Post Chapel at 524 N

Government Way and at other venues when requested. For example, the Knapps have performed

wedding ceremonies in parks, churches, and private homes.

188. But almost all Hitching Post wedding ceremonies occur at the Hitching Post

Chapel.

189. This chapel offers three rooms for wedding ceremonies: the western room, the

Victorian style sitting room, and the main chapel room.

190. The Knapps display religious messages, religious symbols, religious books,

scripture quotes, and inspirational Christian-based poems or phrases throughout The Hitching

Post Chapel.

191. On the door frame to the main chapel where the Knapps perform most weddings

is a sign that says “CHAPEL”.

192. Above that sign is another larger sign that states: “ALL BECAUSE TWO

PEOPLE FELL IN LOVE….”

193. On the back of the door into the main chapel is a sign that reads: “WEDDING

CEREMONY IS BEING PERFORMED, Please Take a Seat, The Minister will be Right with

you, Thank You.”

194. The above sign is placed on the back of the main chapel door because that side of

the door faces the Hitching Post Chapel’s front room, where prospective customers enter.

195. The Ten Commandments from the Book of Exodus in the Bible is displayed in the

main chapel.

196. In two, separate framed pictures, the Knapps also hang documents displaying the

Bible’s teaching about the attributes of love from I Corinthians 13.


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197. The document in the picture frame states the following:

Love is patient. Love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. Love never fails. 1 Corinthians. 13. 198. The Knapps also display a plaque that expresses their belief that Jesus Christ is

Lord and Savior in the Hitching Post Chapel’s front room where they first welcome customers.

199. This wooden plaque contains an icthys: a symbol consisting of two intersecting

arcs, the ends of the right side extending beyond the meeting point so as to resemble the profile

of a fish.

200. Throughout history, Christians have used the ichtys as a symbol to greet and

recognize each other.

201. Inside the ichtys on the Knapps’s plaque are the following Greek letters: Iota, Chi,

Theta, Upsilon, Sigma.

202. Below the ichtys on the plaque, the following English text appears:

JESUS CHRIST SON OF GOD SAVIOR.

203. This English text translates what the Greek text above it stands for.

204. The Knapps also place Bibles and books that provide biblically-based guidance

for marriage in the front room where they first welcome customers.

205. Also, prominently displayed on the Knapps’s main desk in the front room is “The

Star Book for Ministers” by Edward T. Hiscox.

206. This book is a resource for evangelical pastors regarding any number of religious

functions and duties they may be called upon to perform, including religious ceremonies like

marriages.


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207. Most ceremonies at the Hitching Post Chapel occur in the main chapel room.

208. Most ceremonies begin with soft, instrumental music played over a speaker.

209. Then the Hitching Post minister directs the ceremony.

210. While each Hitching Post minister adds personal touches to their wedding

ceremonies, they perform substantially the same ceremony for every ceremony they perform,

whether that ceremony is labeled religious or civil.

211. For example, a sample ceremony is attached to the Complaint as Exhibit 5. This

sample is a true and correct description of the ceremony Mrs. Knapp performs.

212. Mrs. Knapp begins her ceremony this way:

Mrs. Knapp: We're gathered here to join this man and this woman in Holy Matrimony, which is honorable among all men and is not to be entered into unadvisedly, or lightly, but reverently, discretely and in the fear of God. 213. Mrs. Knapp proceeds to ask the groom questions and have him repeat vows to his

bride:

Mrs. Knapp: Do you take the lady whom you now hold by the hand, to be your lawful and wedded wife? (I Do). Do you promise to love and cherish her in sickness and in health, for richer, for poorer, for better for worse, and forsaking all others keep you only unto her so long as you both shall live? (I do) Groom repeats vows: I ___ take you ____, to be my wedded wife, to have and to hold from this Day forward, for better or worse, for richer or poorer, in sickness and in health, to love and to cherish, till death do us part. 214. Mrs. Knapp asks similar questions to the bride and has her repeat vows to the

groom.

215. Mrs. Knapp then asks the couple joint questions:

Mrs. Knapp: Do you both promise in the presence of God that you will at all times and in all circumstances treat each other with respect as is appropriate for a husband and a wife. (I Do). That you will love, cherish and stay with one another until separated by death. (I Do)


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216. Mrs. Knapp then proceeds to give a homily that directly references 1 Corinthians

13.

217. This homily includes the following:

I'd like to talk to you about Love. Love is a very small word, but there is a lot of meaning to it. God has told us something about love and since He created marriage and love, I think that He has some great advice for us and if we follow what he says, you will have a great marriage. He tells us that Love is kind, is not selfish, Love keeps no record of wrongs, works to please, trusts, hopes, perseveres. 218. After applying these scriptural principles to the bride and groom, Mrs. Knapp

explains the significance of wedding rings and instructs the couple to exchange rings.

219. Mrs. Knapp then prays over the couple:

Dear Lord, Bless ____ and ____, help them as a husband and wife to do things that will build a marriage, that ____ would often tell ____ how much she respects him and appreciates him, and that ____ will give ____ the Love and tenderness and kindness that she needs. Help them to be not only lovers, but best friends, sharing what is in their hearts with each other. Thank you for this Lord, in Jesus Name, Amen. 220. Finally, Mrs. Knapp pronounces the couple married:

Forasmuch as ____ and ____ have consented together in Holy wedlock and have witnessed the same before God and have given and pledged their commitment to each other and have declared the same by the giving and receiving of rings and joining of hands. I pronounce that you are Husband and Wife in the Name of the Father, the Son and the Holy Spirit. Amen. You may now kiss the bride. 221. Mrs. Knapp performs this precise ceremony for most ceremonies she performs.

222. Mrs. Knapp has consistently performed wedding ceremonies this way since 1989.

223. Mrs. Knapp occasionally varies the ceremony in minor ways. For example,

sometimes she focuses on God’s forgiveness and encourages the couple to forgive each other just

as God forgives them. Other times, she references the Golden Rule rather than 1 Corinthians 13.


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224. More rarely, Mrs. Knapp explains the concept of love described in 1 Corinthians

13 without explicitly referencing that text. Mrs. Knapp tries to personalize the service to the

couple as much as she can.

225. In this way, Mrs. Knapp includes biblical principles and biblical content in every

ceremony she performs, including the civil ceremonies she performs. Mrs. Knapp considers

every ceremony she performs to have religious significance.

226. For ceremonies she performs, Mrs. Knapp decides what to say about marriage and

how to say it.

227. Mrs. Knapp’s ceremonies convey her religious expression as an ordained

minister.

228. Mrs. Knapp conveys religious messages and religious concepts through her

wedding ceremonies. Mrs. Knapp intentionally creates a wedding service that honors God and

that conveys God’s intention for marriage. Through her ceremonies, Mrs. Knapp also

communicates that God loves marriage and people should follow God’s guidance about

marriage.

229. Every one of these ceremonies had been consistent with her religious beliefs.

230. Mr. Knapp typically performs ceremonies with similar structure, format, and

substance as Mrs. Knapp’s ceremonies.

231. A ceremony Mr. Knapp performed is available at

https://www.youtube.com/watch?v=4QY21qg6Y4M. A copy of this video is attached to this

Complaint as Exhibit 6.

232. This video reflects a typical ceremony Mr. Knapp performs. Most ceremonies Mr.

Knapp performs are similar to this video.


https://www.youtube.com/watch?v=4QY21qg6Y4M

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233. Mr. Knapp has consistently performed wedding ceremonies this way since 1989.

234. As this video suggests, Mr. Knapp usually relies on the Golden Rule to form the

basis for his homilies. Mr. Knapp also prays and references God and the Bible.

235. Mr. Knapp tries to personalize his services to each couple as much as he can.

236. For ceremonies he performs, Mr. Knapp decides what to say about marriage and

how to say it.

237. Mr. Knapp’s ceremonies convey his religious expression as an ordained minister.

238. Mr. Knapp conveys religious messages and religious concepts through his

wedding ceremonies. Mr. Knapp intentionally creates a wedding service that honors God and

that conveys God’s intention for marriage. Through his ceremonies, Mr. Knapp also

communicates that God loves marriage and people should follow God’s guidance about

marriage.

239. Every ceremony has been consistent with his religious beliefs.

240. The wedding services the Hitching Post offers are religious ceremonies.

241. When they perform wedding ceremonies, the Knapps express messages on their

own behalf and on behalf of Hitching Post Weddings, LLC.

242. When they perform wedding ceremonies, the Knapps express their religious

messages and religious messages on behalf of Hitching Post Weddings, LLC.

243. The Hitching Post charges between $80 and $102 for their wedding services.

244. This charge varies based on the date of the wedding (weekday or weekend) and

whether the couple wants photographs taken.


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245. If a couple wants photographs, the presiding Hitching Post minister photographs

the couple six to ten times after the ceremony using a Hitching Post owned digital camera. If

another Hitching Post employee is present, that employee will take pictures of the ceremony.

246. The Hitching Post then gives the couple the photographs on a secure digital card.

247. The Hitching Post only provides photography services for wedding ceremonies

performed by Hitching Post ministers.

248. To every wedding customer, the Hitching Post provides some resources about

marriage.

249. These resources offer advice about how to foster a successful marriage.

250. These resources reference and rely on the Bible or rely on biblical principles.

251. The Knapps provide these resources to every customer because they believe that

exposing them to God’s love and design for marriage provides the best chance for the customers

to have a successful and lasting marriage.

252. The Knapps hope and frequently pray that wedding customers will read and view

these resources and come to believe in Jesus Christ and come to base their marriage on biblical

principles.

253. For example, the Hitching Post provides a CD to every wedding customer. This

CD contains two audio files of the Knapps’s pastor at Life Center Foursquare Church, Joe

Wittwer.

254. The first audio file on the Hitching Post CD contains a message entitled “Proven

Ideas for Building Strong Marriages.” This message is also available at

http://hitchingpostweddings.com/advice/.

255. Pastor Wittwer recorded this message specifically for the Hitching Post.


http://hitchingpostweddings.com/advice/

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256. Around 1994, Mr. Knapp went to Pastor Wittwer and asked him to create a

message the Hitching Post could distribute to its customers.

257. Mr. Knapp wanted to do this to give customers a resource they could reference

repeatedly to strengthen their marriages.

258. Pastor Wittwer gave Mr. Knapp this message around 1994, and the Hitching Post

began distributing it on cassettes at first and then on CDs. Wittwer updated this message around

2005, and the Hitching Post placed it on their website in summer of 2014.

259. In this message, Wittwer asserts that “God designed and created marriage, and

nobody knows better than God how to make a marriage work well.” Wittwer then encourages the

listeners to seek wisdom from the Bible to foster their marriage.

260. Wittwer also encourages the listeners to love their spouses. And Wittwer defines

love not as a feeling but as a commitment to do what is best for the other person no matter what

it costs.

261. Wittwer does not hide what this love looks like: “I can’t think of a better example

of love than the Lord Jesus Christ. The Bible says that it was love that made him die on the cross

for you and me.”

262. Likewise, Wittwer encourages the listeners to forgive each other in their

marriages. Wittwer again points to Jesus as the example: “The Bible says that in Jesus God has

forgiven all of our sins, every sin, past, present, future are all forgiven in Christ.”

263. Wittwer also cites Luke 6:38 and Ephesians 5 and concludes by praying to God

for the couples listening to the recording: “I pray that they could put you, Jesus, at the very

center of their relationship. That as they love you more, their love for each other will grow as

well.”


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264. The second audio file on the Hitching Post CD contains a 47 minute sermon from

Wittwer entitled “Commitment — A Superglue of Marriage.”

265. A copy of this sermon is also available at

http://hitchingpostweddings.com/advice/.

266. Pastor Wittwer originally gave this sermon at his church.

267. In his “Commitment — A Superglue of Marriage” sermon, Pastor Wittwer cites

the following Bible verses:

• Genesis 2:24: “For this reason, a man will leave his father and mother and be united to his wife, and they will become one flesh.”

• John 3:16: “For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have everlasting life.”

• Romans 5:8: “But God demonstrates his own love for us in this: While we were still sinners, Christ died for us.”

• 1 John 3:16: “This is how we know what love is: Jesus Christ laid down his life

for us.”

• 1 John 4:9-10: “This is how God showed his love among us: he sent his one and only Son into the world that we might live through him. And this is love: not that we loved God, but that he loved us and sent his Son as an atoning sacrifice for our sins.”

• Leviticus 19:32: “Rise up in the presence of the aged, show respect for the elderly

and revere your God.”

268. Wittwer also emphasizes that God intends every marriage to be permanent.

Wittwer then provides some skills and values that will help married couples stay together and

highlights commitment as the most important value for a permanent marriage: “Marriage is a

covenant between two people based on promises we make before God and keep with his help.”



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269. To emphasize commitment’s importance for marriage, Wittwer cites sample

marriage vows and explains them through the prism of Jesus’ actions and words. Wittwer also

has married couples in his audience recite these marriage vows line by line to each other.

270. Wittwer finishes his sermon this way: “These are big promises, and we need

God’s help. So help me God. Help me. Want a superglue marriage? Make the promises. Repeat

them often to each other. And ask God for his help. So help me God. I choose us.”

271. In addition to the CD with Pastor Wittwer’s messages about marriage, the

Hitching Post also provided a book to every wedding customer until the Hitching Post ran out of

copies.

272. This book is entitled “Marriage Building It to Last” by Bob and Page Bingham.

273. This 283 page book provides advice about how to maintain and develop a

marriage, including advice about sex, love, decision making, and the differences between men

and women, that is consistent with biblical teaching regarding marriage.

274. Besides wedding ceremonies, the Hitching Post also sells postcards with pictures

of the Hitching Post Chapel. The Hitching Post has sold postcards for approximately 10 years.

275. The Hitching Post has sold and will continue to sell these postcards to anyone

regardless of their race, color, religion, creed, sex, sexual orientation, gender identity, national

origin, ancestry, age, or veteran status.

276. With respect to wedding ceremony services, the Hitching Post has offered and

will continue to offer its services to anyone regardless of their race, color, religion, creed, sex,

national origin, ancestry, age, or veteran status.


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Hitching Post promotes marriage online: Hitchingpostweddings.com

277. The Knapps also pay a company to maintain a website for the Hitching Post. The

website is accessible at http://hitchingpostweddings.com/.

278. The Knapps decide what content to place on this website.

279. This website explains the history of the Hitching Post and provides customers

information about pricing, the Hitching Post staff, and wedding reservations.

280. The website also contains an “Advice” section with a host of free resources about

how to develop a successful and lasting marriage. See http://hitchingpostweddings.com/advice/.

281. For example, this advice section provides a link to a 45 minute sermon Pastor

Wittwer originally gave at his church. This sermon is entitled “The Essence of Marriage.”

282. A true and correct copy of a video of Wittwer’s “The Essence of Marriage”

sermon is available at http://vimeo.com/79140854. A true and correct copy of this video is also

located on the CD attached to this Complaint as Exhibit 7.

283. In this video, Pastor Wittwer cites the following Bible verses:

• Ephesians 5:31: “For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh.”

• Deuteronomy 10:20: “Fear the Lord your God and serve him. Hold fast to him and take your oaths in his name.”

• Exodus 19:4-6: “‘You yourselves have seen what I did to Egypt, and how I

carried you on eagles’ wings and brought you to myself. Now if you obey me fully and keep my covenant, then out of all nations you will be my treasured possession. Although the whole earth is mine, you will be for me a kingdom of priests and a holy nation.’ These are the words you are to speak to the Israelites.”

• John 3:16: “For God so loved the world that he gave his one and only Son, that

whoever believes in him shall not perish but have eternal life.”

• Romans 5:8: “But God demonstrates his own love for us in this: While we were still sinners, Christ died for us.”


http://hitchingpostweddings.com/


http://vimeo.com/79140854

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• 1 John 4:10: “This is love: not that we loved God, but that he loved us and sent his Son as an atoning sacrifice for our sins.”

284. Wittwer then defines marriage as “a covenant between a man and a woman based

on promises they make before God and keep with his help.” He exhorts his audience to spurn the

consumerist model of marriage, where spouses leave a marriage when it does not meet their

needs, and adopt a covenantal model of marriage that mimics God’s relationship with his church:

a permanent relationship where the partners are fully known by each other yet fully loved by

each other. He finally concludes with prayer, thanking God because “you are the covenant

keeping God, that you are the one who said, I will never leave you, I will always love you, I will

always forgive you. I promise.”

285. Below the link to Wittwer’s sermon, the advice page on the Hitching Post website

then contains a section of “Love Quotes.”

286. The following quotations appear in this section:

• So in everything, do to others what you would have them do to you…. – Matthew 7:12

• However, each one of you also must love his wife as he loves

himself, and the wife must respect her husband. – Ephesians 5:33 • Love is patient, love is kind. It does not envy, it does not boast, it is

not proud. It is not rude, it is not self-serving (selfish), it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. I Corinthians 13:4-7 (NIV)

287. The advice page next contains a “Recommended Listening” section with two

recordings.

288. The first recording contains Wittwer’s “Proven Ideas for Building Strong

Marriages” message. The second recording contains Wittwer’s “Commitment - A Superglue of

Marriage” sermon.


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289. The same message and sermon also appears on the CD the Hitching Post gives to

every wedding ceremony customer. The content of this message and sermon are described

above.

290. Finally, the advice page on the Hitching Post website contains a “Recommended

Reading” section. This section contains links to the Amazon webpage where viewers can buy

particular books about marriage.

291. The Recommended Reading section contains links to the following books:

• “The Meaning of Marriage” by Timothy Keller

• “Love and Respect” by Emerson Eggerichs

• “The 5 Love Languages” by Gary Chapman

• “The Proper Care and Feeding of Husbands” by Dr. Laura Schlessinger

• “His Needs, Her Needs” by William Harley

• “Communication, Key To Your Marriage” by H. Norman Wright

• “Before You Say I DO” by N. Wright

• “For Better or For Best” by Gary Smalley

• “Love For A Lifetime” by James Dobson

• “Love Is A Decision” by Gary Smalley

292. Timothy Keller is the pastor of Redeemer Presbyterian Church in New York City.

293. Emerson Eggerichs was the senior pastor of Trinity Church in East Lansing,

Michigan.

294. Gary Chapman is the senior associate pastor at Calvary Baptist Church in

Winston-Salem, North Carolina.


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295. H. Norman Wright is the Research Professor of Christian Education at Talbot

School of Theology.

296. James Dobson is founder and chairman emeritus of Focus on the Family.

297. Gary Smalley is the founder of the Smalley Relationship Center and the author of

books on family relationships from a Christian perspective.

298. Six books listed on the Hitching Post website cite the Bible to provide advice

about marriage.

299. Those that do not are, in the view of the Knapps, consistent with the Bible’s

teachings concerning marriage.

300. The Knapps recommend these resources on the Hitching Post website because

they want everyone to access these resources and come to believe in Jesus Christ and base their

marriage on biblical principles.

301. On the Hitching Post website and in many resources linked on this website, the

Hitching Post promotes the message that God created marriage to be a one-man-one-woman

covenant.

302. The Hitching Post website and many resources linked on this website encourage

couples to base their marriages on the Bible.

303. If the Knapps performed a same-sex marriage ceremony, they would be

expressing a message about marriage that contradicts the messages they promote on their

website.


41

Hitching Post refuses to perform same-sex wedding ceremonies before same-sex marriage became legal in Idaho

304. For as long as the Knapps have owned it, the Hitching Post has never allowed its

ministers to officiate same-sex weddings because doing so would violate the Knapps’s religious

beliefs.

305. As a result, Hitching Post employees have refused requests to perform same-sex

wedding and commitment ceremonies.

306. Mr. Knapp has refused to perform same-sex ceremonies at least 15 separate times

since 1989.

307. For example, a woman called the Hitching Post Chapel in the 1990s and asked

Mr. Knapp if the Hitching Post married women.

308. Confused, Mr. Knapp asked what she meant. The woman then asked does the

Hitching Post marry lesbians.

309. Mr. Knapp responded no.

310. Another incident occurred around May 2014.

311. At that time, two women came to the Hitching Post Chapel together and asked in

person to be married. One woman was elderly and the other was much younger. They appeared

to be 20 years apart in age difference.

312. The Hitching Post employee working the front desk at the time declined their

request. The couple then left.

313. That employee told Mr. Knapp about the incident after the fact, and Mr. Knapp

agreed that the employee followed company policy by denying the request.


42

Coeur d’Alene passes Ordinance §9.56; Ordinance §9.56 applies to for-profit businesses, including the Hitching Post

314. The Coeur d’Alene City Council passed Ordinance §9.56 on June 4, 2013, by a 5-

1 vote.

315. During testimony before the vote, business owners raised concerns that the

ordinance would force them to compromise their faith and expose them to costly litigation.

316. Councilman Steve Adams publicly warned that “[i]nevitably the ordinance will be

used as a sword more than a shield.”

317. Councilwoman Deanna Goodlander publicly stated that the ordinance sends “the

message that intolerance does not belong in Coeur d’Alene.”

318. The Ordinance states that “[t]he following acts are prohibited and shall constitute

a misdemeanor: … To deny to or to discriminate against any person because of sexual

orientation and/or gender identity/expression the full enjoyment of any of the accommodations,

advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or

amusement.”

319. Ordinance 9.56 defines “public accommodation” as follows:

PLACE OF PUBLIC RESORT, ACCOMMODATION, ASSEMBLAGE OR AMUSEMENT: Includes, but is not limited to, any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two (2) or more tenants, or by the owner and one or more


43

tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction. 320. The Hitching Post Chapel qualifies as a “public accommodation” under the

Ordinance.

321. The Hitching Post qualifies as a “public accommodation” under the Ordinance for

at least three reasons: (1) it is a public place; (2) it is operated for a profit (i.e. “kept for gain”);

(3) it charges for the wedding ceremonies and other marriage-related services it offers.

322. Ordinance §9.56 exempts certain entities from its prohibition on sexual

orientation discrimination.

323. Specifically, §9.56.040(B)(1) exempts “[r]eligious corporations, associations,

educational institutions, or societies.”

324. Ordinance §9.56 does not define what constitutes a religious corporation,

association, educational institution, or society.

325. The City has interpreted §9.56.040(B)(1) to encompass only non-profit entities.

326. Under the city’s stated interpretation, for-profit entities do not qualify for the

exemption in §9.56.040(B)(1).

327. Therefore, Ordinance §9.56’s bar on sexual orientation discrimination was

applied to The Hitching Post and its operations, and the Hitching Post was not exempt under

§9.56.040(B)(1) because the Hitching Post operates for profit.

328. The City interprets Ordinance §9.56, and specifically its bar on sexual orientation

discrimination, to bar a public accommodation from declining to provide a service to same-sex

couples that it would provide to opposite-sex couples or to anyone else.

329. The Ordinance provides that a “violation of this chapter is a misdemeanor,

punishable as provided in title 1, chapter 1.28 of this code.”


44

330. Chapter 1.28 states that a misdemeanor is punishable “by a fine of not more than

one thousand dollars ($1,000.00), or by imprisonment not to exceed one hundred eighty (180)

days, or by both such fine and imprisonment.”

331. Chapter 1.28 further provides that “[e]ach such person is guilty of a separate

offense or liable to a separate penalty for each and every day during any portion of which any

violation of any provision of the ordinances of the city is committed, continued or permitted by

any such person, and he shall be punished accordingly.”

332. Accordingly, the Knapps commit a separate and distinct misdemeanor each day

they continue follow their religious beliefs and decline to perform a requested same-sex wedding

ceremony.

333. Each of those misdemeanor violations is punishable by jail time, a fine, or both.

Coeur d’Alene officials confirm that Ordinance §9.56 applies to for-profit businesses, including the Hitching Post

334. Coeur d’Alene officials have also informed Mr. Knapp and the public that City

Ordinance §9.56 applies to for-profit businesses and requires the Hitching Post to perform same-

sex wedding ceremonies.

335. On May 13, 2014, a federal district court judge invalidated the Idaho laws

defining marriage as the union between a man and a woman.

336. A few days after that ruling, a reporter with the Spokesman-Review newspaper

called Mr. Knapp and asked whether he and the Hitching Post would begin performing same-sex

wedding ceremonies in light of the judge’s ruling.

337. Mr. Knapp responded: “I cannot in good conscience perform same-sex

marriages.”


45

338. Around the same time, upon information and belief, a reporter with the

Spokesman-Review newspaper talked to Coeur d’Alene city attorney Warren Wilson about the

scope of Ordinance §9.56.

339. Upon information and belief, that reporter asked Wilson whether Ordinance §9.56

would apply to the Hitching Post and would force the Hitching Post to perform same-sex

wedding ceremonies.

340. The day after Mr. Knapp talked to the reporter, Mr. Knapp read an article in the

Spokesman Review that discussed whether Ordinance §9.56 would require the Hitching Post to


341. That article stated the following (emphasis added):

Wedding venues that turn away gay couples may violate local laws, such as Coeur d’Alene’s prohibition on discrimination based on sexual orientation. The provision adopted by the City Council last year applies to housing, employment and places of public accommodation, including businesses that render public services. “I think that term is broad enough that it would capture (wedding) activity,” city attorney Warren Wilson said. Similar laws have applied to florists, bakeries and photographers that have refused to work on same-sex weddings in other states, Wilson noted. “Those have all been addressed in various states and run afoul of state prohibitions similar to this,” he said. “I would think that the Hitching Post would probably be considered a place of public accommodation that would be subject to the ordinance.” In Washington, no clergy person is required to marry a couple if doing so would violate the dictates of their faith tradition. Idaho does not have a similar exemption in place, but religious entities are exempt from the Coeur d’Alene ordinance, so pastors in the city are not obligated to perform same-sex weddings. But any nonreligious business that hosts civil ceremonies would fall under the city law, Wilson said. 342. This newspaper article is available online at

http://www.spokesman.com/stories/2014/may/15/ministers-diverge-in-opinion-on-lifting-of-

idahos/.

343. This newspaper article contains some statements attributed to Coeur d’Alene

Deputy City Attorney Warren Wilson.


http://www.spokesman.com/stories/2014/may/15/ministers-diverge-in-opinion-on-lifting-of-idahos/


46

344. The statements attributed to Wilson in this newspaper article accurately reflect

statements Wilson made.

345. These statements accurately reflect the position of the Coeur d’Alene City

Attorney Office.

346. These statements accurately reflect the position of the City of Coeur d’Alene.

347. Upon information and belief, Wilson never mentioned the corporate form of the

Hitching Post or conditioned his statements about the Hitching Post upon the corporate form of

the Hitching Post during his discussions with the Spokesman-Review reporter.

348. Wilson has continued to state that Ordinance §9.56 applies to for-profit businesses

including the Hitching Post.

349. For example, around May 15, 2014, a reporter with a local television station

created a report about same-sex marriage and the Hitching Post.

350. This report is available at http://www.kxly.com/news/north-idaho-news/hitching-

post-owners-will-close-before-performing-samesex-marriages/26006066. A written article also

accompanies the video report.

351. A true and correct copy of this video report is attached to this Complaint as

Exhibit 8.

352. The reporter interviewed Wilson for this report and asked him about the Hitching

Post Chapel.

353. Upon information and belief, the reporter asked Wilson whether Ordinance §9.56

would apply to the Hitching Post and force the Hitching Post to officiate same-sex wedding

ceremonies.


http://www.kxly.com/news/north-idaho-news/hitching-post-owners-will-close-before-performing-samesex-marriages/26006066

http://www.kxly.com/news/north-idaho-news/hitching-post-owners-will-close-before-performing-samesex-marriages/26006066

47

354. In response, Wilson made the following statements on camera during his

interview:

• “For profit wedding chapels in this city now are in a position where last week the ban would have prevented them from performing gay marriages, this week gay marriages are legal, pending an appeal to the 9th Circuit.”

• “If you turn away a gay couple or refuse to provide services to them that you would provide for anyone else, then in theory you violated our code and you're looking at a potential misdemeanor citation.”

355. These statements accurately reflect statements Wilson made.

356. These statements accurately reflect the position of the Coeur d’Alene City

Attorney Office.

357. These statements accurately reflect the position of the City of Coeur d’Alene.

358. Upon information and belief, Wilson never mentioned the corporate form of the

Hitching Post or conditioned his statements upon the corporate form of the Hitching Post during

his discussions with the Spokesman-Review reporter.

359. As Mr. Wilson’s statements to the public show, Coeur d’Alene City Attorney

Office interpreted Ordinance §9.56 to apply to all for-profit businesses, including the Hitching

Post.

360. The Coeur d’Alene City Attorney Office is responsible for enforcing Ordinance

§9.56.

361. After reading Wilson’s media statements, Mr. Knapp became deeply concerned.

362. Mr. Knapp wanted clarification whether the Hitching Post was violating the law

because the Hitching Post had declined requests to perform same-sex ceremonies in the past.


48

363. Mr. Knapp also knew the Hitching Post would receive these requests in the future

because the Hitching Post is so popular and so close to the county clerk’s office where marriage

licenses are issued.

364. Moreover, the local media widely reported about the Hitching Post’s religious

goals, reliance on religious ministers, and unwillingness to perform same-sex wedding

ceremonies.

365. Therefore, City officials knew about the Hitching Post’s unwillingness to perform

same-sex wedding ceremonies and knew that the Knapps viewed the Hitching Post as a business

with religious goals.

366. In light of this general knowledge and officials’ comments in the media, Mr.

Knapp decided to call the Coeur d’Alene City Attorney’s Office on two separate occasions to

clarify whether Ordinance §9.56 applied to the Hitching Post.

367. As explained at ¶¶ 5-30, supra, the City confirmed during both phone calls that

the Knapps and The Hitching Post would violate Ordinance §9.56 and be subject to jail time and

criminal fines if they declined to perform same-sex wedding ceremonies.

Court decisions about same-sex marriage place Hitching Post in crosshairs; Hitching Post loses income because of Ordinance §9.56

368. Although the Hitching Post declined to perform same-sex wedding ceremonies in

the past, the Hitching Post did not receive many requests to perform same-sex wedding

ceremonies because same-sex marriage has been illegal in Idaho.

369. That changed on May 13 when a Federal District Court judge enjoined Idaho’s

law defining marriage as a one-man-one-woman union. See Latta v. Otter, 1:13-CV-00482-

CWD, 2014 WL 1909999 (D. Idaho May 13, 2014).


49

370. The Ninth Circuit stayed that order on May 20, 2014 until the Ninth Circuit

affirmed the District Court’s ruling on October 7, 2014. See Latta v. Otter, 14-35420, 2014 WL

4977682 (9th Cir. Oct. 7, 2014).

371. The Ninth Circuit issued its mandate in Latta the same day, thereby allowing

same-sex marriages to proceed in Idaho for a short time.

372. On October 7, 2014, the Knapps heard the news about the Ninth Circuit’s ruling

and they immediately closed the Hitching Post on October 7 and 8, 2014 because they had been

informed by the City that they would be in violation of the Ordinance.

373. By closing the Hitching Post on October 7 and 8th, the Knapps lost the

opportunity to receive new clients and therefore lost income.

374. Later in the morning on October 8, 2014, United States Supreme Court Justice

Anthony Kennedy stayed the Ninth Circuit’s mandate until the Supreme Court could receive

briefing from the parties about the need for a longer stay. See

http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/14A374-Kennedy-order.pdf.

375. The Supreme Court ultimately denied the Idaho Governor’s request to stay the

Ninth Circuit ruling on the afternoon of October 10. See http://sblog.s3.amazonaws.com/wp-

content/uploads/2014/10/Idaho-marriage-SCt-stay-denial-10-10-14.pdf.

376. On October 13, 2014, the Ninth Circuit then issued an order allowing same-sex

marriages to begin in Idaho at 9:00 a.m. on October 15, 2014.

377. So county clerks throughout Idaho began to routinely issue marriage licenses to

same-sex couples on October 15, 2014.


http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/14A374-Kennedy-order.pdf

http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/Idaho-marriage-SCt-stay-denial-10-10-14.pdf

http://sblog.s3.amazonaws.com/wp-content/uploads/2014/10/Idaho-marriage-SCt-stay-denial-10-10-14.pdf

50

378. The Knapps kept the Hitching Post closed October 9, 10, 11, 14, and 15 because

of the City’s warning that they would be in violation of the Ordinance because they chose not to


379. The Knapps lost clients on October 9, 10, 11, 14, and 15 and therefore lost

income on those days.

Hitching Post re-opens and refuses to perform same-sex wedding ceremonies

380. The Knapps knew they could not stay closed forever.

381. They had to continue to earn a living.

382. They also believed they had a constitutional right to control their business in

accordance with their religious beliefs.

383. So the Knapps re-opened the Hitching Post on October 16, 2014 with this lawsuit

ready to be filed.

384. Mrs. Knapp also packed her and Mr. Knapp’s luggage in anticipation that Coeur

d’Alene would arrest them and send them to jail for violating Ordinance §9.56 after they

declined to perform a same-sex wedding ceremony.

385. On October 17, 2014, a customer called and asked if The Hitching Post would

perform a same-sex wedding ceremony.

386. In accordance with their sincerely held religious convictions and ministerial vows,

Mrs. Knapp politely responded that The Hitching Post does not perform same-sex wedding

ceremonies.

387. Mrs. Knapp also informed the individual that the county clerk’s office could

provide him a list of places where he could get married.

388. The Knapps do not intend to change this decision.


51

389. That same day, another customer called The Hitching Post and asked Mr. Knapp

if The Hitching Post would perform his same-sex wedding ceremony.


Mr. Knapp politely explained that the Hitching Post does not perform same-sex wedding

ceremonies.

The Knapps and the Hitching Post file this lawsuit to protect their religious freedoms

391. Because City officials had repeatedly said publicly and directly told the Knapps

that Ordinance §9.56 applies to the Hitching Post and because the Knapps had consistently in the

past and present declined to perform a same-sex wedding ceremony, the Knapps had no choice

but to file this lawsuit to protect their religious freedoms rather than be subject to jail time and

substantial fines.

392. The Knapps filed this lawsuit on October 17, 2014 and filed a motion for a

temporary restraining order that same day.

393. The Knapps and the Hitching Post continue to decline same-sex wedding

ceremonies.

394. With their lawsuit filed, the Knapps now felt they had done everything they could

to protect their right to decline requests to perform same-sex wedding ceremonies and to operate

their business in accordance with their religious beliefs, although they still were in a constant

state of fear that they would be arrested and prosecuted if they declined to perform a same-sex

ceremony.

395. On October 23, 2014, three separate individuals called the Hitching Post about

same-sex wedding ceremonies.


52

396. One of those individuals talked to Mrs. Knapp and asked about same-sex wedding

ceremonies.

397. Mrs. Knapp asked if the individual was seeking a same-sex wedding ceremony.

398. The individual responded yes.

399. In accordance with her sincerely held religious convictions and ministerial vows,

Mrs. Knapp politely declined and explained that the Hitching Post does not perform same-sex

wedding ceremonies.

400. Mrs. Knapp also directed the individual to a list at the County Clerk’s office that

identifies persons and entities that will perform wedding ceremonies.

401. The individual then responded that the Hitching Post had to do his wedding

ceremony because he had a constitutional right to have his ceremony.

402. Mrs. Knapp then reiterated that the Hitching Post does not perform same-sex

wedding ceremonies and said good-bye.

403. Another individual called and asked Mrs. Knapp if the Hitching Post would

perform a wedding ceremony for him and his husband.

404. Mrs. Knapp asked if they wanted a wedding ceremony for two men.

405. The individual responded yes.

406. In accordance with her sincerely held religious convictions and ministerial vows,

Mrs. Knapp then politely declined and explained that the Hitching Post does not perform same-

sex wedding ceremonies.

407. Mrs. Knapp also directed the individual to a list at the County Clerk’s office that

identifies persons and entities that will perform wedding ceremonies.

408. A woman also called twice on October 23, 2014 from a Massachusetts area code.


53

409. Each time, this woman screamed at Mrs. Knapp, calling her a redneck, a bigot,

and other hateful slurs because the Hitching Post did not perform same-sex wedding ceremonies.

410. This woman never requested that the Knapps perform a same-sex wedding

ceremony, and therefore Mrs. Knapp never declined a request from this woman to perform a

same-sex wedding ceremony.

411. Despite the woman’s attack, Mrs. Knapp politely thanked her for her opinion, said

goodbye, and hung up the phone.

412. On October 26, 2014, the Hitching Post received an email that stated:

“WE NEED TO PUT YOU OUT OF BUSINESS QUICKLY. I WOULD LIKE YOU TO PERFORM A HOMOSEXUAL WEDDING. PLEASE REPLY WITH WRITTEN REASON AS TO WHY NOT SO WE CAN GET THE COURT PROCEEDINGS STARTED.” 413. Mrs. Knapp responded in an email saying that she would forward the request to

her attorneys.

414. The initial emailer replied with another email saying: “I can see why the national

media is portraying you in a negative light. I will ask you for a second time. I would like to have

a homosexual wedding at your chapel. What day can you perform this service? These are rocket

scientist questions. Please Respond.”

415. Lynn responded politely via email: “We have to decline your request as we are a

business that is owned by Christians and we only do weddings for 1 woman 1 man couples. If

you would like a wedding in Coeur d' Alene Id. there is a list of other places that you can choose

from at the Kootenai Co. Marriage License office. You may read our wedding policy on our

website under reservations and information.”


54

416. Refusing to give up, the initial emailer again responded: “I'm in contact with the

ACLU. I need to know your lawyers name. Are you willing to talk to the ACLU voluntarily?

please respond.”

417. Mrs. Knapp never responded.

418. On October 28, 2014, the Hitching Post received an email from an individual who

asked the Hitching Post to perform a wedding ceremony between two men.

419. Lynn responded to this request via email: “Thank you for your request. It appears

from the information provided that you are seeking a same-sex wedding ceremony. If so, we

will have to decline due to our religious beliefs and ministerial vows, which prevent us from

performing anything other than one-man, one-woman wedding ceremonies. You can, however,

find a list of local wedding providers at

http://www.kcgov.us/departments/recorder/marriageforms/officiants.pdf.”

420. The initial requestor then responded via email: “That is discrimination. What

gives you people the right to judge people. Same sex marriage is legal in idaho. Religious views?

You mean, bigoted and hateful views. You are not Christians. I will be reporting you to HRC.

You should be ashamed of yourself for being so hateful.”

421. Lynn did not respond to this email.

422. Around the end of January 2015, two women entered the Hitching Post and asked

Mr. Knapp if he would marry them at the Hitching Post. The two women presented an Idaho

marriage license to Mr. Knapp.

423. In accordance with his sincerely held religious beliefs and ministerial vows, Mr.

Knapp politely declined and responded that the Hitching Post does not perform same-sex

wedding ceremonies.


http://www.kcgov.us/departments/recorder/marriageforms/officiants.pdf

55

424. Mr. Knapp then directed the two women to a list of entities and persons who

perform wedding services. The County Clerk’s office provides this list to those receiving

marriage licenses.


the Knapps intend to decline any other requests they receive to perform same-sex wedding

ceremonies at The Hitching Post.

426. Because same-sex marriage is now legal in Idaho, the Hitching Post faces the

prospect of frequently receiving requests to perform same-sex wedding ceremonies.

427. Likewise, the Hitching Post faces the prospect of frequently denying requests to

perform same-sex wedding ceremonies because of the Knapps’ religious beliefs.

428. Despite the City’s knowledge that the Knapps declined to perform same-sex

wedding ceremonies several times since same-sex marriage became legal in Idaho, Coeur

d’Alene has not enforced Ordinance §9.56 against the Hitching Post only because of this pending

lawsuit, the pending temporary restraining order, and the media firestorm that followed the filing

of this lawsuit.

429. Now that same-sex marriage is legal in Idaho and the Hitching Post has already

denied and will continue to deny requests to perform same-sex wedding ceremonies, the Knapps

fear that the City of Coeur d’Alene will enforce Ordinance §9.56 against the Hitching Post if not

for this lawsuit.

430. The Knapps are thus under a constant, coercive, and substantial threat to violate

their religious beliefs due to the risk that they will incur the penalties of jail time and criminal

fines for declining to speak a message and perform a wedding service that contradicts their

religious beliefs and ministerial vows.


56

431. Any amount of jail time or criminal fines could seriously curtail the Knapps’s

ability to engage in their desired religious expression and to perform the wedding ceremonies

they are called by God to perform.

432. The Knapps are in a constant state of fear that they may have to go to jail, pay

substantial fines, or both, resulting in them losing the business that God has called them to

operate and which they have faithfully operated for 25 years.

433. The Knapps also cannot effectively plan their business because of this imminent

threat.

434. For example, the Knapps seven-year lease to use the Hitching Post Wedding

Chapel ended on October 31, 2014.

435. The Knapps wanted to enter into another seven year lease and gain seven years of

certainty for planning purposes, but they did not do so because they feared that Coeur d’Alene

would require them to perform same-sex weddings ceremonies before a seven year lease would

expire.

436. For this reason and because of the statements made by Coeur d’Alene officials,

the Knapps decided to enter into a new one year lease that ends on October 31, 2015.

437. The Knapps have already lost income for standing up for their religious beliefs

against the threats from City officials to enforce Ordinance §9.56 against the Hitching Post.

438. Around October 2014, two separate opposite-sex couples called and cancelled

their scheduled wedding ceremonies at the Hitching Post.

439. The two couples told Mr. Knapp that they were cancelling because the Hitching

Post did not perform wedding ceremonies for same-sex couples.


57

440. Another individual emailed the Hitching Post and cancelled their scheduled

wedding ceremony between a man and a woman because of the Hitching Post’s decision to

marry only opposite sex couples.

Coeur d’Alene affirms that Ordinance §9.56 applies to every for-profit business

441. After the Knapps filed suit, Coeur d’Alene attempted to backtrack and avoid

liability by claiming that the Hitching Post was a “religious corporation” and therefore exempt

from Ordinance §9.56.

442. But when doing so, Coeur d’Alene stated that Ordinance §9.56 applies to for-

profit business (like the Hitching Post) –– the same interpretation the City communicated many

times publicly and personally to the Knapps in the past.

443. On October 20, 2014, Coeur d’Alene City Attorney Michael Gridley sent a letter

to counsel for the Knapps and the Hitching Post. See Exhibit 1.

444. In this letter, City Attorney Gridley affirmed four times that that Ordinance §9.56

applies to for-profit entities and not to non-profit entities.

445. City Attorney Gridley did not take this position in haste. He did so only after he

reviewed the documents filed in this lawsuit.

446. Thus, when City Attorney Gridley stated that Ordinance §9.56 applies to for-

profit businesses, he knew that the Hitching Post operated for profit and that the Hitching Post

had formed an LLC. All this information was available to Mr. Gridley in pleadings.

447. Gridley’s October 20 letter increased the Knapps’ fear that they would be

prosecuted under Ordinance §9.56 because they have always operated the Hitching Post as a for-

profit business and they continue to do so.


58

448. Therefore, according to Gridley’s October 20, 2014 letter, Ordinance §9.56 does

apply to the Hitching Post and Ordinance §9.56 does not exempt the Hitching Post as a religious

corporation because the Hitching Post operates as a for-profit business.

449. Outsiders read Gridley’s letter the same way. According to one law professor,

Gridley’s October 20 letter confirmed that Ordinance §9.56 applied to ministers performing

wedding ceremonies for profit. See http://www.washingtonpost.com/news/volokh-

conspiracy/wp/2014/10/22/couer-dalene-city-attorney-confirms-conservative-christian-ministers-

wedding-chapel-business-must-provide-same-sex-marriage-ceremonies/.

The media begins to scrutinize Coeur d’Alene for requiring the Hitching Post to comply with Ordinance §9.56.

450. When the Knapps filed this lawsuit to protect their religious freedom, Coeur

d’Alene began receiving intense criticism from national and local news outlets and from citizens.

451. For example, Fox News quickly reported on the Knapps’ predicament. See

http://radio.foxnews.com/toddstarnes/top-stories/city-threatens-to-arrest-ministers-who-refuse-

to-perform-same-sex-weddings.html.

452. Many local news outlets, like the Spokesman-Review Newspaper, reported on the

lawsuit as well. See http://www.spokesman.com/stories/2014/oct/17/hitching-post-sues-coeur-

dalene-after-declining-ma/.

453. A headline from another local news outlet, the Coeur d'Alene Press, stated the

following: “Hitching Post suit sparks outrage.” See

http://www.cdapress.com/news/political/article_d1a7f821-351f-5b1b-943e-1515bb43a3ef.html.

454. People held demonstrations in front of the Hitching Post and at Coeur d’Alene

City Hall to express support for protecting the Knapps’ religious freedoms.


http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/22/couer-dalene-city-attorney-confirms-conservative-christian-ministers-wedding-chapel-business-must-provide-same-sex-marriage-ceremonies/



http://radio.foxnews.com/toddstarnes/top-stories/city-threatens-to-arrest-ministers-who-refuse-to-perform-same-sex-weddings.html

http://radio.foxnews.com/toddstarnes/top-stories/city-threatens-to-arrest-ministers-who-refuse-to-perform-same-sex-weddings.html

http://www.spokesman.com/stories/2014/oct/17/hitching-post-sues-coeur-dalene-after-declining-ma/

http://www.spokesman.com/stories/2014/oct/17/hitching-post-sues-coeur-dalene-after-declining-ma/

http://www.cdapress.com/news/political/article_d1a7f821-351f-5b1b-943e-1515bb43a3ef.html

59

455. The Coeur d’Alene Mayor and Idaho Governor Butch Otter received over

30,000 emails and phone calls criticizing Coeur d’Alene for applying Ordinance §9.56 to the

Hitching Post.

456. Legal commentators opined on Ordinance §9.56 and concluded that applying

Ordinance §9.56 to the Hitching Post would violate the First Amendment. See, e.g.,

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/18/can-ministers-who-

make-a-living-by-conducting-weddings-be-required-to-conduct-same-sex-weddings/.

457. In a press release, Idaho Governor Butch Otter cited this lawsuit as a reason for

appealing the Ninth Circuit ruling against the Idaho Constitution’s definition of marriage. See

http://gov.idaho.gov/mediacenter/press/pr2014/10%20October/pr_63.html.

After the Knapps and the Hitching Post filed this lawsuit, Coeur d’Alene claims, for the first time, that the Hitching Post is exempt from Ordinance §9.56.

458. After the Knapps and the Hitching Post filed this lawsuit, after Coeur d’Alene

affirmed that Ordinance §9.56 applies to for-profit entities, and after the media storm, counsel

for Coeur d’Alene sent a letter to counsel for the Knapps and the Hitching Post on October 23,

2014.

459. A true and correct copy of this letter is attached as Exhibit 9.

460. According to this three sentence letter, counsel for Coeur d’Alene declared, for

the first time, that the City would not apply Ordinance §9.56 to the Knapps or to the Hitching

Post because Coeur d’Alene now considered the Hitching Post a “religious corporation” exempt

from Ordinance §9.56.

461. When adopting this new interpretation, Coeur d’Alene did not change any

language in Ordinance §9.56.


http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/18/can-ministers-who-make-a-living-by-conducting-weddings-be-required-to-conduct-same-sex-weddings/

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/18/can-ministers-who-make-a-living-by-conducting-weddings-be-required-to-conduct-same-sex-weddings/

http://gov.idaho.gov/mediacenter/press/pr2014/10%20October/pr_63.html

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462. When adopting this new interpretation, Coeur d’Alene did not issue any type of

regulation binding on city officials.

463. When adopting this new interpretation, Coeur d’Alene did not explain why the

Hitching Post now qualified as a religious corporation under Ordinance §9.56.

464. When adopting this new interpretation, Coeur d’Alene never explained why city

officials declared earlier that Ordinance §9.56 applies to for-profit business, including the

Hitching Post.

465. Coeur d’Alene has already changed its mind once regarding the proper

application of Ordinance §9.56.

466. At any time and for any reason, Coeur d’Alene can change its mind again and

enforce Ordinance §9.56 against the Hitching Post.

467. Coeur d’Alene has never acknowledged that applying Ordinance §9.56 to the

Hitching Post would be unconstitutional.

468. Coeur d’Alene changed its position on whether Ordinance §9.56 applies to The

Hitching Post because of this lawsuit filed by the Knapps and the Hitching Post.

469. Without a court order, the Knapps and the Hitching Post will not know when and

if Coeur d’Alene will apply Ordinance §9.56 against them.

470. This uncertainty will chill and deter the Knapps and the Hitching Post from

conducting wedding ceremonies in accordance with their religious beliefs.

Many Coeur d’Alene venues perform same-sex wedding ceremonies

471. While the Knapps and the Hitching Post, LLC do not perform same-sex wedding

ceremonies, many other wedding chapels and venues in Coeur d’Alene do.


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472. The website for the Kootenai County Clerk’s office contains a document with a

non-exhaustive list of local wedding facilities and providers.

473. This document is available at

http://www.kcgov.us/departments/recorder/marriageforms/officiants.pdf. A true and correct copy

of this document is attached to this Complaint as Exhibit 10.

474. This document lists 26 Coeur d’Alene venues that perform wedding ceremonies.

475. In a May 15, 2014 newspaper article in the Spokesman-Review, two Coeur

d’Alene ministers publicly confirmed they will perform same-sex wedding ceremonies.

476. This newspaper article is available at

http://www.spokesman.com/stories/2014/may/15/ministers-diverge-in-opinion-on-lifting-of-

idahos/.

477. This article contains the following statements:

Gay couples will have other options to mark their unions once they obtain a marriage license. One person who said she’s happy to marry gay couples is Christine Taysan, who is ordained through the Universal Life Church and has presided over about a dozen weddings in Idaho. “I’ve put it out there since we’ve gotten this good news (that) if anybody wants to get married on Friday that I would offer my services free of charge,” said Taysan, who operates as Custom Ceremonies by Christine. She expects same-sex couples will be excited to take advantage of the opportunity to marry now in the Gem State. “It’s something that a lot of them have been waiting a long time for.” Tracy Springberry, minister of the North Idaho Unitarian Universalist Fellowship, said she looks forward to presiding over same-sex weddings. “I will absolutely be performing them,” said Springberry, who lives in Spokane and married her partner in Washington last July. “It means I can really live out my faith.” So far she hasn’t been asked to marry a same-sex couple in Idaho. “I’m interested in making sure people know we’re there and are willing to do it,” Springberry said. 478. In light of the numerous wedding venues in Coeur d’Alene and the willingness of

many Coeur d’Alene ministers to perform same-sex ceremonies, same-sex couples will have


http://www.kcgov.us/departments/recorder/marriageforms/officiants.pdf



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many venues to choose from besides the Hitching Post Chapel if they want a same-sex wedding

ceremony.

479. The Knapps will refer those seeking a same-sex marriage ceremony at the

Hitching Post to the Kootenai County Clerk’s office for its document listing other local wedding

providers.

The Knapps and Hitching Post Weddings, LLC will continue to follow their religious beliefs and refuse to perform same-sex wedding ceremonies

480. The Knapps do not want to disobey the law. They are hardly fit for jail. Mr.

Knapp is 68, and Mrs. Knapp is 67.

481. Nor can the Knapps afford to pay $1,000 a day for violating Ordinance §9.56. The

Knapps will quickly go broke and Hitching Post Weddings, LLC will become insolvent.

482. But the Knapps do not want to shut down Hitching Post Weddings, LLC either.

This business provides their primary source of income. This prospect frightens the Knapps given

their age.

483. Moreover, the Knapps feel called by God to continue their ministry at the

Hitching Post. They are compelled by their religious beliefs and their ordination vows to perform

wedding ceremonies and to encourage couples to foster Godly marriages.

484. Specifically, the Knapps feel compelled to express and promote the biblical

definition of marriage by performing wedding ceremonies for opposite-sex couples.

485. So if the Knapps stopped performing wedding ceremonies at the Hitching Post,

they would violate God’s call to them and violate their religious duty to follow God’s call.

486. But the Knapps do not want to and will not perform wedding ceremonies for

same-sex couples. The Knapps will not violate the religious beliefs they have followed for over

60 years or the ordination vows they have followed for over 35 years.


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487. Therefore, in choosing between the options open to them, no option is viable. For

each option, the Knapps and the Hitching Post, LLC either violate their religious beliefs, suffer

extreme financial hardship, or risk fines and jail time.

488. Therefore, the Knapps and Hitching Post Weddings, LLC are currently suffering

irreparable harm and need immediate relief from this Court.

ALLEGATIONS OF LAW

489. At all times relevant to this Complaint, each and all of the acts alleged were

attributed to Coeur d’Alene which acted under color of a statute, regulation, custom, or usage of

the State of Idaho.

490. The Knapps and Hitching Post Weddings, LLC are suffering imminent and

irreparable harm from Coeur d’Alene’s policy and practice.

491. The Knapps and Hitching Post Weddings, LLC have no adequate or speedy

remedy at law to correct or redress the deprivation of its rights by Coeur d’Alene.

492. Unless the conduct of Coeur d’Alene is enjoined, the Knapps and Hitching Post

Weddings, LLC will continue to suffer irreparable injury.

FIRST CAUSE OF ACTION Violation of Plaintiffs’ First Amendment Right to Freedom of Speech:

Compelled Speech, Viewpoint Discrimination, Unconstitutional Conditions, and Unbridled Discretion

493. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1–

492 of this Complaint.

494. Religious speech is fully protected by the First Amendment.

495. Plaintiffs engage in religious speech in their operation of The Hitching Post.


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496. The owners of The Hitching Post, Plaintiffs Donald and Evelyn Knapp, are

ordained ministers who run the business according to their sincerely held religious beliefs and

their vows taken as Christian ministers.

497. The Knapps and their employees are the only persons permitted to perform

wedding ceremonies at The Hitching Post Chapel.

498. In accordance with the Knapps’ religious beliefs and ministerial vows, The

Hitching Post Weddings, LLC and its owners and employees will only perform wedding

ceremonies that are consistent with the Christian religion.

499. Thus, among other things, The Hitching Post and the Knapps will only perform

wedding ceremonies for couples entering into a one biological male and one biological female

union.

500. The Hitching Post and the Knapps’ wedding ceremonies generally involve

references to God, the invocation of God’s blessing on the union, the exchange of religious-

based vows, prayer, and brief remarks drawn from Holy Scripture designed to encourage the

couple and help them to have a successful marriage.

501. The Hitching Post and the Knapps provide wedding and marriage-related services

for the additional purposes of publicly expressing the biblical message that marriage is between

one man and one woman, promoting the idea that marriage is a fundamental building block of

society, and instilling this biblical understanding of marriage in the communities in which it

operates.

502. The First Amendment’s Free Speech Clause prohibits the government from

compelling citizens to express or support a message not of their own choosing.


65

503. In accordance with the Knapps’ religious beliefs and ministerial vows, The

Hitching Post will only perform wedding ceremonies for couples entering into a one biological

male and one biological female union.

504. The City’s anti-discrimination ordinance, Chapter 9.56, requires The Hitching

Post and the Knapps to engage in expression that they do not desire to convey, namely,

performing a wedding ceremony that solemnizes marital unions that are not one-man-one-

woman unions, like the same-sex marriage ceremony request that was the catalyst for the filing

of this lawsuit.

505. Because The Hitching Post and the Knapps declined to perform same-sex

wedding ceremonies pursuant to the Knapps’ religious convictions and ministerial vows, The

Hitching Post and its owners are now subject to criminal prosecution by the City and if convicted

could be imprisoned for up to one hundred eighty (180) days, or fined up to one thousand dollars

($1,000), or both.

506. For each day they persist in declining requested same-sex wedding ceremonies,

Plaintiffs are guilty of a separate offense and thus subject to rapidly escalating fines and jail

terms.

507. In addition, if convicted The Hitching Post and the Knapps could be ordered to

undergo “sensitivity training.”

508. The effect of the ordinance is to compel two Christian ministers to perform same-

sex wedding ceremonies in direct violation of their religious convictions and ministerial vows or,

if they decline to do so, to fine and imprison them for their unwillingness to speak in violation of

their sincerely held religious beliefs.

509. This speech compulsion violates the First Amendment.


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510. The First Amendment’s Free Speech Clause also prohibits viewpoint

discrimination against protected expression.

511. The City enforces Chapter 9.56 in a viewpoint discriminatory manner in relation

to the topic of marriage.

512. The City will not prosecute or threaten to prosecute under Chapter 9.56 those

expressive businesses that provide wedding services and that are willing to express a message in

favor of same-sex marriage, but it will prosecute or threaten to prosecute those expressive

businesses, like The Hitching Post, that provide wedding services and that are not willing to

foster such a message but rather promote the message that marriage is between one man and one

woman.

513. Thus, an expressive business must hold and express a view favorable to same-sex

marriage in order to avoid prosecution by the City and potential fines and jail time if convicted;

this is rank viewpoint discrimination.

514. The effect of Chapter 9.56—especially considering the criminal fines and jail time

it imposes on those convicted of violating it—is to impose a viewpoint-based litmus test on the

ability of residents of Coeur d’Alene to own a business, which is anathema to the First

Amendment.

515. The First Amendment’s Free Speech Clause also prohibits the government from

conditioning a benefit on the relinquishment of a constitutional right.

516. The Knapps and Hitching Post Weddings, LLC retain the right to chose the

content of their expression, to promote religious messages they choose, to participate in religious

ceremonies they choose, and to exercise their religion by performing religious ceremonies in


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their capacities as ordained ministers and by operating their ministry without having to suffer jail

time, fines, sensitivity training, and other arbitrary limitations on those rights.

517. By mandating that the Knapps and Hitching Post Weddings, LLC perform same-

sex wedding ceremonies, Chapter 9.56 unconstitutionally conditions the receipt of state benefits

— specifically the right to speak, the right to remain silent, and the right to exercise their religion

by performing religious ceremonies and operating a ministry in accordance with their religious

beliefs — on the Knapps and Hitching Post Weddings, LLC surrendering, suspending, or

limiting their constitutional rights to free speech.

518. The First Amendment’s Free Speech Clause also prohibits the government from

regulating expression based on vague guidelines that give officials unbridled discretion to

arbitrarily allow some expression and prohibit other expression.

519. Chapter 9.56 grants unbridled discretion because Chapter 9.56 prohibits sexual

orientation and gender identity discrimination by a public accommodation, Chapter

9.56.040(B)(1) exempts “[r]eligious corporations, associations, educational institutions, or

societies” from this prohibition, and Chapter 9.56 never defines a religious corporation,

association, educational institutions, or society.

520. This vague exemption language in Chapter 9.56.040(B)(1) has allowed the

Defendant to define a religious corporation, association, educational institution, or society in

different ways at different times, thereby altering the scope of the expressive entities exempt

from Chapter 9.56.

521. Sometimes, Defendant has claimed that an entity must be a non-profit to

constitute an exempt religious corporation, association, educational institution, or society. Other


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times, Defendant has claimed that a for-profit entity can be an exempt religious corporation,


522. In fact, Defendant has inconsistently applied the vague exemption language in

Chapter 9.56 to the Hitching Post at different times. Specifically, Defendant has claimed that the

Hitching Post is not an exempt religious corporation, association, educational institution, or

society because the Hitching Post operates for profit, and Defendant has later claimed that the

Hitching Post is an exempt religious corporation, association, educational institution, or society.

523. Chapter 9.56’s vague exemption for religious corporations, associations,

educational institutions, or societies, Defendant’s arbitrary and shifting interpretation of what

constitutes a religious corporation, association, educational institution, or society, and

Defendant’s inconsistent application of the exemption in Chapter 9.56.040(B)(1) gives officials

unbridled discretion to apply Chapter 9.56 to the expression of some entities based on dislike of

that expression.

524. Defendant’s policies and practices — including Chapter 9.56.040(B)(1)’s vague

exemption language and any unwritten policy interpreting that language –– provide Defendant

and City officials with unbridled discretion to determine what entities qualify as an exempt

religious corporation, association, educational institution, or society. Therefore, the fundamental

rights of the Hitching Post, the Knapps, and other citizens now turn on the whim of government

bureaucrats.


exemption language and any unwritten policy interpreting that language –– thus violate the Free

Speech Clause of the First Amendment, both facially and as-applied to the Hichting Post, the

Knapps, and third parties not before the Court, because Defendant’s policies and practices


69

provide no binding guidelines and give City officials unbridled discretion to arbitrarily apply

Chapter 9.56 based on the viewpoints expressed by the Knapps, the Hitching Post, and other

citizens.

526. Chapter 9.56 and the City’s enforcement thereof chill, deter, and restrict Plaintiffs

and other religiously-owned expressive businesses from freely expressing their religious beliefs.

527. Chapter 9.56, on its face and as interpreted and as applied by the City to mandate

speech promoting same-sex wedding ceremonies, to punish those unwilling to express a message

that violates their own convictions, to condition the ability to earn a living and operate a ministry

on forfeiting First Amendment freedoms, and to give City Officials unbridled discretion is not

the least restrictive means of serving any compelling interest the City seeks to promote.

528. Chapter 9.56, facially and as applied to Plaintiffs, accordingly violates their right

to Free Speech as guaranteed by the First and Fourteenth Amendments to the United States

Constitution.

WHEREFORE, Plaintiffs respectfully ask that the Court grant the relief specified in the

Prayer for Relief.

SECOND CAUSE OF ACTION Violation of Plaintiffs’ First Amendment Right to Free Exercise of Religion



530. The Knapps’ sincerely held religious beliefs prohibit them from performing,

officiating, or solemnizing a wedding ceremony between anyone other than one man and one

woman.


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531. The Knapps’ sincerely held religious beliefs are derived from the Bible’s

teachings about the God-ordained institution of marriage, from their ministerial vows, and from

the doctrinal teachings of the Church in which they are ordained.

532. The Knapps operate The Hitching Post pursuant to their sincerely held religious

beliefs.

533. The Knapps’ compliance with their religious convictions constitutes a religious

exercise.

534. The right to the free exercise of religion encompasses the right to preach,

proselytize, and perform other religious functions, or, in other words, to be a Christian minister.

535. The Knapps act as Christian ministers in their capacity as owners and operators of

The Hitching Post, and perform the religious function, among others, of officiating weddings on

behalf of The Hitching Post.

536. Chapter 9.56 as applied by the City is not facially or operationally neutral.

537. Chapter 9.56 violates the Knapps’ right to the free exercise of religion by

conditioning their right to own and operate a wedding ceremony business on their willingness to

violate their religious beliefs by performing same-sex wedding ceremonies.

538. Chapter 9.56 bars the Knapps from simultaneously owning a wedding ceremony

business and adhering to a key aspect of their religious faith.

539. Chapter 9.56 forces Plaintiffs to choose between adhering to their religious beliefs

by declining to perform same-sex wedding ceremonies and being punished with criminal fines

and jail time, or abandoning their free exercise rights by performing same-sex wedding

ceremonies in order to avoid criminal fines and jail time.

540. Chapter 9.56 thereby substantially burdens Plaintiffs’ free exercise of religion.


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541. Chapter 9.56 also imposes special disabilities on Plaintiffs due to their religious

beliefs.

542. Chapter 9.56 and the City’s enforcement thereof impermissibly prefers some

religious views over others by permitting those whose religious beliefs support same-sex

marriage to own and operate a marriage-related expressive business according to their religious

beliefs without fear of punishment, while punishing with criminal fines and jail time those who

own and operate marriage-related expressive businesses according to religious beliefs that bar

them from supporting same-sex marriage, like the Knapps.

543. The City’s preference for some religious views over Plaintiffs’ religious views

violates the Free Exercise Clause.

544. Chapter 9.56, facially and as applied by the City, is not generally applicable

because it contains categorical exemptions to the prohibition against discrimination on the basis

of sexual orientation for “[r]eligious corporations, associations, educational institutions, or

societies.”

545. Given Chapter 9.56’s broad exemption for religious corporations, associations,

schools, and societies of all types, the City has no legitimate basis for refusing to extend a

religious exemption to the Knapps who are Christian ministers engaged in a religious function.

546. Chapter 9.56 also contains the following, additional exemptions to its ban on

sexual orientation discrimination: (a) An expressive association whose employment of a person

protected by this chapter would significantly burden the association’s rights of expressive

association under Boy Scouts of America v. Dale, 530 U.S. 640 (2000); (b) The United States

government, any of its departments or agencies, or any corporation wholly owned by it; (c) the

state of Idaho or any of its departments, agencies, or political subdivisions, other than the city of


72

Coeur d’Alene; (d) the rental of a housing accommodation in a building which contains housing

accommodations for not more than two (2) families living independently of each other, if the

lessor or a member of his family resides in one of the housing accommodations, or (e) to the

rental of a room or rooms in a single-family residential housing accommodation by an individual

if he or a member of his family resides therein.

547. The enforcement of Chapter 9.56 against the Knapps, with its promise of criminal

fines, jail time, or both, imposes severe coercive pressure on the Knapps to change or violate

their religious beliefs.

548. Chapter 9.56 also violates Plaintiffs’ free exercise rights under the hybrid rights

doctrine because it implicates Plaintiffs’ free exercise rights in conjunction with other

constitutional protections, like their right to free speech and their due process right to earn a

livelihood free from unreasonable governmental interference.

549. The City has no compelling interest in forcing the Knapps to perform same-sex

wedding ceremonies in violation of their religious beliefs.

550. Forcing the Knapps to perform same-sex wedding ceremonies in violation of their

religious beliefs does not further any legitimate interests the City might assert.


religious beliefs is not the least restrictive means available to the City of furthering any

legitimate interests it might assert.

552. Chapter 9.56 and the City’s enforcement thereof unconstitutionally chills

Plaintiffs’ freedom of religious exercise and expression, both of which are fundamental rights

guaranteed to Plaintiffs’ by the First and Fourteenth Amendments.


73

553. Chapter 9.56, as applied to Plaintiffs, accordingly violates their right to freely

exercise their religion as guaranteed by the First and Fourteenth Amendments to the United

States Constitution.

WHEREFORE, Plaintiffs respectfully ask that the Court grant the relief specified in the

Prayer for Relief.

THIRD CAUSE OF ACTION Violation of Plaintiffs’ Rights under the Idaho Free Exercise of Religion Protected Act

(FERPA)



555. The Idaho Free Exercise of Religion Protected Act (FERPA) provides that “[f]ree

exercise of religion is a fundamental right that applies in this state, even if laws, rules or other

government actions are facially neutral.”

556. FERPA also provides that the “government shall not substantially burden a

person’s exercise of religion even if the burden results from a rule of general applicability.”

557. The Knapps’ sincerely held religious beliefs prohibit them from performing,

officiating, or solemnizing a wedding ceremony between anyone other than one man and one

woman.

558. The Knapps’ sincerely held religious beliefs are derived from the Bible’s

teachings concerning the God-ordained institution of marriage, from their ministerial vows, and

from the doctrinal teachings of the Church in which they are ordained.

559. The Knapps operate The Hitching Post pursuant to their sincerely held religious

beliefs.


74

560. The Knapps’ compliance with their religious convictions constitutes an exercise

of religion under FERPA.

561. Chapter 9.56 forces Plaintiffs to choose between adhering to their religious beliefs

by declining to perform same-sex wedding ceremonies and being punished with jail time and

criminal fines, or abandoning their free exercise rights by performing same-sex wedding

ceremonies in order to avoid criminal fines and jail time.

562. Chapter 9.56’s severe penalties effectively prevent the Knapps from

simultaneously owning and operating a wedding ceremony business and adhering to a key aspect

of their religious faith.

563. The enforcement of Chapter 9.56 against the Knapps, with its promise of jail time,

criminal fines, or both, imposes severe coercive pressure on the Knapps to change or violate their

religious beliefs.

564. Chapter 9.56 thereby substantially burdens Plaintiffs’ free exercise of religion.

565. FERPA provides that the government must show that its substantial burden on a

person’s exercise of religion is “[e]ssential to further a compelling governmental interest” and

the “least restrictive means of furthering that compelling governmental interest.”

566. The City has no compelling interest in forcing the Knapps to perform same-sex

wedding ceremonies in violation of their religious beliefs.


religious beliefs does not further any legitimate interests the City might assert.


religious beliefs is not the least restrictive means available to the City of furthering any

legitimate interests it might assert.


75

569. Chapter 9.56, as applied to Plaintiffs, accordingly violates their right to freely

exercise their religion as guaranteed by the Idaho Free Exercise of Religion Protected Act.

WHEREFORE, Plaintiffs respectfully ask that the Court grant the relief in the Prayer for

Relief.

FOURTH CAUSE OF ACTION Violation of Plaintiffs’ Fourteenth Amendment Right to Equal Protection



571. The Fourteenth Amendment to the United States Constitution guarantees

Plaintiffs the equal protection of the laws, which prohibits the City from treating Plaintiffs

differently than similarly situated persons and businesses.

572. The government may not treat someone disparately as compared to similarly

situated persons when such disparate treatment burdens a fundamental right.

573. Plaintiffs are similarly situated to other persons and expressive businesses that

provide marriage-related services.

574. Chapter 9.56 and the City’s enforcement thereof treats Plaintiffs’ religious speech

and exercise of religion differently than those similarly situated to Plaintiffs by permitting those

whose religious beliefs support same-sex marriage to own and operate a marriage-related

expressive business according to their religious beliefs without fear of punishment, while

punishing with criminal fines and jail time those who own and operate marriage-related

expressive businesses according to religious beliefs that bar them from supporting same-sex

marriage.

575. The City’s discriminatory enforcement of Chapter 9.56 violates several

fundamental rights of Plaintiffs, such as their freedom of speech and free exercise of religion.


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576. When the enforcement of government regulations, like Chapter 9.56, infringe on

such fundamental rights, discriminatory intent is presumed.

577. In this case, the presumption of discriminatory intent is borne out by the City’s

intentional discrimination against Plaintiffs’ religious speech and free exercise of religion.

578. The City lacks a rational or compelling state interest for such disparate treatment

of Plaintiffs.

579. The City’s disparate treatment of Plaintiffs is not narrowly tailored to further any

legitimate government interest the City may allege.

580. Chapter 9.56, as applied to Plaintiffs, thus violates their right to equal protection

of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution.


Relief.

FIFTH CAUSE OF ACTION Violation of Plaintiffs’ Fourteenth Amendment Right to Due Process



582. The Fourteenth Amendment to the United States Constitution guarantees

Plaintiffs the right to due process of law, which includes the right to own and operate a business

and earn a livelihood free from unreasonable governmental interference.

583. Chapter 9.56 unreasonably interferes with the Knapps due process rights by

threatening them with jail time, criminal fines, or both, if they continue to operate their business

in accordance with their religious convictions.

584. Chapter 9.56, as applied to Plaintiffs, thus violates their right to due process as

guaranteed by the Fourteenth Amendment to the United States Constitution.


77

585. The Due Process Clause of the Fourteenth Amendment also prohibits the

government from censoring speech or criminalizing behavior pursuant to vague standards that

grant unbridled discretion to city officials.

586. Chapter 9.56 contains vague standards because Chapter 9.56 prohibits sexual

orientation and gender identify discrimination by a public accommodation, Chapter

9.56.040(B)(1) exempts “[r]eligious corporations, associations, educational institutions, or

societies” from this prohibition, and Chapter 9.56 never defines a religious corporation,

association, educational institutions, or society.

587. This vague exemption language in Chapter 9.56.040(B)(1) has allowed the

Defendant to define a religious corporation, association, educational institution, or society in

different ways at different times, thereby altering the scope of the entities exempt from Chapter

9.56.

588. Sometimes, Defendant has claimed that an entity must be a non-profit to

constitute an exempt religious corporation, association, educational institution, or society. Other

times, Defendant has claimed that a for-profit entity can be an exempt religious corporation,


589. In fact, Defendant has inconsistently applied the vague exemption language in

Chapter 9.56 to the Hitching Post at different times. Specifically, Defendant has claimed that the

Hitching Post is not an exempt religious corporation, association, educational institution, or

society because the Hitching Post operates for profit, and Defendant has later claimed that the

Hitching Post is an exempt religious corporation, association, educational institution, or society.

590. Chapter 9.56’s vague exemption for religious corporations, associations,

educational institutions, or societies, Defendant’s arbitrary and shifting interpretation of what


78

constitutes a religious corporation, association, educational institution, or society, and

Defendant’s inconsistent application of the exemption in Chapter 9.56.040(B)(1) violates due

process.

591. Citizens of common intelligence must guess and will differ in their views as to

what constitutes a religious corporation, association, educational institution, or society. Citizens

of common intelligence must also guess at what Defendant considers a religious corporation,

association, educational institution, or society under Defendant’s vague and constantly changing

interpretation.


exemption language and any unwritten policy interpreting that language –– provide no warning

or notice as to what expression and what conduct will qualify for an exemption and be permitted

and what speech and conduct will not qualify for an exemption and be banned.

593. Instead, Defendant’s policies and practice provide Defendant and City officials

with unbridled discretion to determine what entities qualify as an exempt religious corporation,

association, educational institution, or society. Therefore, the fundamental rights of the Hitching

Post, the Knapps, and other citizens now turn on the whim of government bureaucrats.


exemption language and any unwritten policy interpreting that language ––thus violate the Due

Process Clause of the Fourteenth Amendment, both facially and as-applied to the Hitching Post,

the Knapps, and third parties not before the Court, because Defendant’s policies and practices

provide no binding guidelines prescribing what protected expression and conduct City officials

may permit or deny.


79


Relief.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs ask this Court to enter judgment against Defendant and provide

Plaintiffs with the following relief:

(A) Compensatory and nominal damages for the violation of Plaintiffs’ constitutional

rights, for lost income, and for other losses;

(B) A temporary restraining order, preliminary injunction, and permanent injunction

prohibiting the City, its agents, officials, servants, employees, and any other

persons acting in its behalf, from enforcing Chapter 9.56 against Plaintiffs based

on their decision not to perform, officiate, or solemnize same-sex marriages;

(C) A temporary restraining order, preliminary injunction, and permanent injunction

prohibiting the City, its agents, officials, servants, employees, and any other

persons acting in its behalf, from enforcing Chapter 9.56 on its face because of the

vague exemption language in Chapter 9.56.040(B)(1), Defendant’s arbitrary

interpretation of this language, and additional stated constitutional violations;

(D) A declaratory judgment that Chapter 9.56, as-applied to Plaintiffs, violates the

First and Fourteenth Amendments to the United States Constitution;

(E) A declaratory judgment that Chapter 9.56.040(B)(1) facially and as interpreted by

Defendant violates the First and Fourteenth Amendments to the United States

Constitution;


80

(F) That this Court adjudge, decree, and declare the rights and other legal relations of

the parties to the subject matter here in controversy, in order that such

declarations shall have the force and effect of final judgment;

(G) That this Court retain jurisdiction of this matter for the purpose of enforcing any

Orders;

(H) That the Court award Plaintiffs’ costs and expenses of this action, including a

reasonable attorneys’ fees award, in accordance with 42 U.S.C. § 1988 and with

Idaho Code. § 73-402(4);

(I) That this Court issue the requested injunctive relief without a condition of bond or

other security being required of Plaintiffs; and

(J) That the Court grant such other and further relief as the Court deems equitable

and just in the circumstances.

Respectfully submitted this 16th day of March, 2015,

By: /s/Virginia McNulty Robinson DAVID A. CORTMAN* [email protected] Georgia Bar No. 188810 KEVIN H. THERIOT* [email protected] Georgia Bar No. 373095 RORY T. GRAY* [email protected] Georgia Bar No. 373095 ALLIANCE DEFENDING FREEDOM 1000 Hurricane Shoals Road NE, Suite D-1100 Lawrenceville, Georgia 30043 (770) 339-0774 (770) 339-6744 Fax

VIRGINIA MCNULTY ROBINSON [email protected] Idaho Bar No. 7380 ROBINSON LAW, PLLC 1910 Northwest Blvd., Suite 200 Coeur d'Alene, Idaho 83814 (208) 664-1139 (208) 664-1171 Fax *Admission pro hac vice.


81

JEREMY D. TEDESCO* [email protected] Arizona Bar No. 023497 JONATHAN A. SCRUGGS* [email protected] Arizona Bar No. 030505 ALLIANCE DEFENDING FREEDOM 15100 N. 90th Street Scottsdale, AZ 85260 (480)-444-0020 (480)-444-0028 Fax

ATTORNEYS FOR PLAINTIFFS


Coeur d'Alene14th

82


Coeur d'Alene14th

83


84

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 16th day of March, 2015, I filed the foregoing electronically through the CM/ECF system, which caused the following parties or counsel to be served by electronic means, as more fully reflected on the Notice of Electronic Filing: Kirtlan G. Naylor Jacob H. Naylor Landon S. Brown NAYLOR & HALES, P.C. 950 Bannock Street, Suite 610 Boise, ID 83702 (208) 383-9511 (208) 383-9516 Fax

By: /s/Virginia McNulty Robinson VIRGINIA MCNULTY ROBINSON

[email protected] Idaho Bar No. 7380 ROBINSON LAW, PLLC 1910 Northwest Blvd., Suite 200 Coeur d'Alene, Idaho 83814 (208) 664-1139 (208) 664-1171 Fax


EXHIBIT 1

EXHIBITS 001

Case 2:14-cv-00441-REB Document 29-1 Filed 03/16/15 Page 1 of 3

CITY ATTORNEY'S OFFICE

c6'iJi d'Alene

October 20. 2014

Mr. David A. Cortman Via email: [email protected] Defending Freedom1000 Hurricane Shoals Road NE, Suite D-1 100Lawrenceville, GA 30043

RE: Knapp, et al v. City of Coeur d'Alene

[)ear Mr. Gortman

I am the city attomey for the city of Coeur d'Alene, Idaho. As we discussed today by telephone Ihave reviewed the 63 page complaint and the attached exhibits filed by your clients in their lawsuitagainst the City. While I appreciate your clients' concems, it appears from the documents filed intheir lawsuit that they are claiming to be operating a "religious corporation". lf they are trulyoperating a not-for-profit religious corporation they would be specifically exempted from the City'santi-discrimination ordinance, Municipal Code 9.56.01 0 et seq.

My office has responded to questions from your clients in the past and told them that, based on thefacts presented and their corporate status at the time, they would likely be govemed by the anti-discrimination ordinance if a complaint was made against them. Their lawsuit was something of asurprise because we have had cordial conversations with them in the past and they have neverdisclosed that they have recently become a religious corporation. However it now appears that on orabout October 6,2014 they filed with the Idaho Secretary of State as a religious corporalion. Theseare new flacts. [fthey are operating as a legitimate not-for- profit religious corporation then they are

exempt from the ordinance like any other church or religious association. On the other hand, if theyare providing services primarily or substantially for profit and they discriminate in providing thoseservices based on sexual orientation then they would likely be in violation of the ordinance.

I want to be clear that absent a change in the City's anti-discrimination ordinance or other applicablestate or lederal law, the City will not prosecute legitimate, nonprofit religious corporations,associations, educational institutions, or societies or other exempt organizations or anyone else as aresult of their lawfi:l exercise oftheir first amendment rights offreedom of speech and religion. Inaddition to specifically exempting religious corporations, associations, educational institutions, andsocieties, section 9.56.040 ofthe anti-discrimination ordinance states that the ordinance "shall beconstrued and applied in a manner consistent with first amendment jurisprudence regardingthe freedom of speech and exercise of religion".

710 E. Mullan AvenueCoeur d'Alene, Idaho 83814

(208)7 69-2348 - F AX (208\7 [email protected]

IDAHO

EXHIBITS 002


I believe that given the current facts your clicnts' lawsuit is premature and not ripe for adjudication.As such, I would ask that you review this letter with your clients and urge them to dismiss theirIawsuit beforc any more time and resources arc expended. Please call me if you have any questions.

Very v

C.City Attomey

Ms. Virginia McNulty RobinsonRobinson Law, PLLC1910 Northwest Blvd., Suite 200Coeur d'Alene, ID 83 814

Via email: vrobinsonlaw-pllc.com

EXHIBITS 003


EXHIBIT 2

EXHIBITS 004


OPERATING AGREEMENT

OF

HITCHING POST WEDDINGS, L.L.C.

In consideration of the mutual benefits and obligations set forth in this Agreement, the undersigned parties agree as follows:

ARTICLE ONE

DEFINED TERMS

Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Article One shall, for the purposes of this Agreement, have the following meanings:

"Idaho Act" means the Idaho Uniform Limited Liability Company Act, IDAHO CODE § § 30-6-101 et seq., as amended or restated from time to time.

"Additional Members" has the meaning set forth in Section 13.1. "Affiliate" means, with respect to a specified Person, any Person that directly or indirectly

controls, is controlled by, or is under common control with, the specified Person. As used in this definition, the term "control" means the possession, directly or indirectly, ofthe power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise.

"Agreement" means this Operating Agreement of the Company, as amended, modified, supplemented or restated from time to time.

"Capital Account" means, with respect to any Member, the account maintained for such Member in accordance with the provisions of Section 4.4.

"Capital Contribution" means, with respect to any Member, the aggregate amount of money and the fair market value of any property (other than money) contributed to the Company pursuant to Section 4.1 with respect to such Member's Interest.

"Certificate" means the Certificate of Organization of the Company and any and all amendments to and restatements ofthe Certificate ofOrganization filed on behalf of the Company with the office of the Secretary of State of the State of Idaho pursuant to the Idaho Act.

"Code" means the Internal Revenue Code of 1986, as amended from time to time, or any corresponding federal tax statute enacted after the date of this Agreement. A reference to a specific section of the Code refers not only to such specific section but also to any corresponding provision of any federal tax statute enacted after the date of this Agreement, as such specific section of corresponding provision is in effect on the date of application of the provisions of this Agreement containing such reference.

"Company" means Hitching Post Weddings L.L.C., the limited liability company formed and continued under and pursuant to the Idaho Act and this Agreement.

"Covered Person" means (i) a Member, (ii) any Affiliate of a Member, (iii) any officers, directors, shareholders, partners, employees, representatives or agents of a Member, or their respective Affiliates, and (iv) any employee or agent of the Company or its Affiliates.

OPERATING AGMT OF HITCHING POST WEDDINGS, L.L.C. - 1

EXHIBITS 005


"Fiscal Year" means: (i) the period commencing upon the formation of the Company and ending on December ofthe year this Agreement is executed; (ii) any subsequent 12 month period commencing on January I and ending on December 31 ; or (iii) any portion ofthe period described in Clause (ii) of this sentence for which the Company is required to allocate Profits, Losses and other items of Company income, gain, loss or deduction pursuant to Article Eight of this Agreement.

"Interest" means a Member's limited liability company interest in the Company which represents such Member's share of the profits and losses ofthe Company and a Member's right to receive distributions of the Company's assets in accordance with the provisions ofthis Agreement and the Idaho Act.

"Laws" means: (i) All constitutions, treaties, laws, statutes, codes, ordinances, orders, decrees, rules,

regulations and municipal by-laws, whether domestic, foreign or international; (ii) All judgments, orders, writs, injunctions, decisions, rulings, decrees and awards of

any governmental body; (iii) All policies, practices and guidelines ofany governmental body; and (iv) Any amendment, modification, re-enactment, restatement, or extension of the

foregoing, in each case binding on or affecting the party or Person referred to in the context in which such word is used; and "Law" shall mean anyone of them.

"Majority Vote" means the written approval of , or the affirmative vote by, Members holding a majority of the Percentage Interests.

"Member" means each of the Persons undersigned and includes any Person admitted as an Additional Member or a substitute Member pursuant to the provisions of this Agreement, in such Person's capacity as a member of the Company, and "Members" means two or more of such Persons when acting in their capacities as members of the Company. For purposes of the Idaho Act, the Members shall constitute one class or group ofmembers.

"Net Cash Flow" means, for each Fiscal Year or other period of the Company, the gross cash receipts of the Company from all sources, but excluding any amounts, such as gross receipts taxes, that are held by the Company as a collection agent or in trust for others or that are otherwise not unconditionally available to the Company, less all amounts paid by or for the account of the Company during the same Fiscal Year or other period (including, but not limited to, payments of principal and interest on any Company indebtedness and expenses reimbursed to the Members under Section 5.2), and less any amounts determined by the Members to be necessary to provide a reasonable reserve for working-capital needs or any other contingencies of the Company. Net Cash Flow shall be determined in accordance with the cash receipts and disbursements method of accounting and otherwise in accordance with generally accepted accounting principles, consistently applied. Net Cash Flow shall not be reduced by depreciation, amortization, cost recovery deductions, depletion, similar allowances or other noncash items, but shall be increased by any reduction ofreserves previously established.

"Percentage Interest" means the Interest of a Member, expressed as a portion of one hundred percent, as shown on the attached Schedule A, which reflects the Member's ownership interest in the Company, as determined by the unanimous written consent of the Members as adjusted from time to time.

"Person" includes any individual, corporation, association, partnership (general or limited), joint venture, trust, estate, limited liability company, or other legal entity or organization.


EXHIBITS 006


"Profits" and "Losses" means, for each Fiscal Year, an amount equal to the Company's taxable income or loss for such Fiscal Year, determined in accordance with Section 703(a) of the Code.

"Tax Matters Partner" has the meaning set forth in Section 11.1. "Treasury Regulations" means the income tax regulations, including temporary

regulations, promulgated under the Code, as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations).

Section 1.2. Headings. The headings and subheadings in this Agreement are included for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision of the same.

ARTICLE TWO

FORMATION AND TERM

Section 2.1. Formation. (i) The Members form the Company as a limited liability company under and pursuant to

the provisions ofthe Idaho Act and agree that the rights, duties and liabilities ofthe Members shall be as provided in the Idaho Act, except as otherwise provided in this Agreement.

(ii) Upon the execution of this Agreement or a counterpart of this Agreement, the undersigned Persons shall be admitted as Members.

(iii) The name and mailing address ofeach Member, the agreed value ofthe contribution to the capital of the Company and the Percentage Interest of each Member shall be listed on the attached Schedule A. The Members shall be required to update Schedule A from time to time as necessary to accurately reflect the information in such schedule. Any amendment or revision to Schedule A made in accordance with this Agreement shall not be deemed an amendment to this Agreement. Any reference in this Agreement to Schedule A shall be deemed to be a reference to Schedule A as amended and in effect from time to time.

Section 2.2. Name. The name ofthe company formed is Hitching Post Weddings L.L.C. The business of the Company may be conducted upon compliance with all applicable Laws under any other name designated by the Members.

Section 2.3. Term. The term ofthe company shall commence on the date the Certificate is filed in the office ofthe Secretary of State ofthe State ofIdaho and shall perpetually continue until the Company is dissolved in accordance with the provisions of this Agreement. The existence of the Company as a separate legal entity shall continue until cancellation of the Certificate in the manner required by the Idaho Act.

Section 2.4. Designated Office. The Company's designated office in the State of Idaho shall be located at 3676 Evergreen Dr., Coeur d' Alene, Kootenai County, Idaho, 83815. At any time, the Members may designate another designated office.

Section 2.5. Registered Agent and Office. The Company's registered agent and office in


EXHIBITS 007


the State ofIdaho shall be Evelyn Knapp, located at 3676 Evergreen Dr., Coeur d' Alene, Kootenai County, Idaho, 83815. At any time, the Members may designate another registered agent or registered office.

Section 2.6. Principal Place of Business. The principal place of business of the Company shall be a(524 Government Way, Coeur d' Alene, Idaho 83814. At any time, the Members may change the location ofthe Company's principal place of business to another location.

Section 2.7. Qualification in Other Jurisdictions. The Members shall cause the Company to be qualified, formed or registered under assumed or fictitious name statutes or similar Laws in any jurisdiction in which the Company transacts business. A Member, as an authorized person within the meaning of the Idaho Act, shall execute, deliver and file any articles/certificates (and any amendments to or restatements of such articles/certificates) necessary for the Company to qualify to do business in a jurisdiction in which the Company may wish to conduct business.

ARTICLE THREE

PURPOSEANDPOWERSOFTHECO~ANY

Section 3.1. Purpose. The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers. The purpose of the Hitching Post is to help people create, celebrate, and build lifetime, monogamous, one-man-one-woman marriages as defined by the Holy Bible.

The Christian religion requires that all its adherents, and especially its ministers, apply their religious precepts and doctrines to all facets of their lives, including their work and the operation of their businesses. For this reason, the Hitching Post reserves the right to refuse a request for services that would require the entity to engage in conduct that conflicts with its owners' sincerely held religious beliefs and the ministerial vows taken by the owners.

The Hitching Post engages in its own expression through the services that it provides. In so doing, The Hitching Post intentionally expresses public messages that promote aspects of its owners' Christian religion and those are not inconsistent with those sincerely held beliefs. For this reason, The Hitching Post reserves the right to refuse a request for services that would require the entity to engage in or host expression that violates its owners' sincerely held religious beliefs. Only Hitching Post's owners and employees perform the weddings at Hitching Post Chapel and other locations scheduled by the Hitching Post. They have ultimate control over the content of the ceremony and will not conduct a ceremony that expresses messages that are inconsistent with their Christian faith.

The Hitching Post provides wedding and marriage-related services for the purpose of publicly expressing and promoting that marriage is the union of one man and one woman, which is consistent with its owners' sincerely held religious beliefs and with their ministerial vows. Any request for wedding and marriage-related services not within this identified purpose is outside the


EXHIBITS 008


scope of services offered by the Hitching Post.

The Hitching Post, consistent with its owners' sincerely held religious beliefs, provides wedding and marriage-related services also for the purposes ofpromoting the social institution ofmarriage as a fundamental building block of our society and promoting the public understanding of marriage as the union ofone man and one woman. By furthering these purposes, the Hitching Post endeavors to instill and promote this biblical understanding of marriage and marriage-related values in the communities where it operates. Achieving these goals is important to ensure that marriage remains a vital social institution that uniquely promotes the raising of children by their mother and father.

Section 3.2. Powers of the Company. (i) The Company shall have the power and authority to take any and all actions

necessary, appropriate, proper, advisable, incidental or convenient to or for the furtherance of the purpose set forth in Section 3.1, including, but not limited to, the power.

(a) To conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Idaho Act in any state, territory, district or possession of the United States, or in any foreign country, that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company;

(b) To enter into, perform and carry out contracts of any kind, including, but not limited to, contracts with any Member, any Affiliate ofthe same, or any agent or Affiliate ofthe Company necessary to, in connection with, convenient to, or incidental to the accomplishment of the purpose of the Company;

(c) To lend money to, borrow money from, act as surety, guarantor or endorser for, and transact other business with third parties including Members and Affiliates of the Company;

(d) To purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including, but not limited to, the power to be admitted as a partner and to exercise the rights and perform the duties created by such admission), trusts, limited liability companies (including, but not limited to, the power to be admitted as a member or appointed as a manager ofa limited liability company and to exercise the rights and perform the duties created by such admission or appointment), or individuals or direct or indirect obligations ofthe United States or of any government, state, territory, governmental district or municipality or of any instrumentality or any of them;

(e) To lend money for its proper purpose, to invest and reinvest its funds, to take and hold real and personal property for the payment of funds so loaned or invested;

(f) To sue and be sued, complain and defend, and participate in administrative or other proceedings, in its name;

(g) To appoint employees and agents of the company, and define their duties and fix their compensation;

(h) To indemnify any Person in accordance with the Idaho Act and to obtain any and all types of insurance;

(i) To cease its activities and cancel its Certificate; G) To negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive,


EXHIBITS 009


execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company;

(k) To borrow money and issue evidences of indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company;

(1) To pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands ofor against the Company or to hold such proceeds against the payment of contingent liabilities; and

(m) To make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

(ii) The Company may merge with, or consolidate into, another Idaho limited liability company or other business entity upon the approval of all of the Members.

ARTICLE FOUR

CAPITAL CONTRIBUTIONS; INTERESTS; CAPITAL ACCOUNTS; ADVANCES

Section 4.1. Capital Contributions. (i) Each Member has contributed or is deemed to have contributed to the capital of the

Company the amount set forth opposite the Member's name on the attached Schedule A. The Initial Capital Contributions of the Members at the time of the LLC's formation were made by merging an existing Washington corporation (DLK Enterprises, Inc.) into the Company via a Plan of Merger under the State of Idaho's Entities Transactions Act.

(ii) No Member shall be required to make any additional capital contribution to the Company. However, a Member may make additional capital contributions to the Company with the written consent of all of the Members.

Section 4.2. Member's Interest. A Member's Interest shall for all purposes be personal property. A Member has no interest in specific Company property.

Section 4.3. Status ofCapital Contributions. (i) Except as otherwise provided in this Agreement, the amount of a Member's Capital

Contributions may be returned to it, in whole or in part, at any time, but only with the consent ofall of the Members. Any such returns of Capital Contributions shall be made to all Members in proportion to their Percentage Interests. Notwithstanding the foregoing, no return of a Member's Capital Contributions shall be made under this Section 4.3 if such distribution would violate applicable law. Under circumstances requiring a return of any Capital Contribution, no Member shall have the right to demand or receive property other than cash, except as may be specifically provided in this Agreement or as may be specifically agreed to by all of the Members.

(ii) No Member shall receive any interest, salary or drawing with respect to its Capital Contributions or its Capital Account or for services rendered on behalf of the Company or otherwise in its capacity as a Member, except as otherwise specifically provided in this Agreement.

(iii) Except as otherwise provided in this Agreement and by applicable law, the


EXHIBITS 010


Members shall be liable only to make their capital contributions pursuant to Section 4.1, and no Member shall be required to lend any funds to the Company or, after a Member's Capital contributions have been fully paid pursuant to Section 4.1, to make any additional capital contributions to the Company. No Member shall have any personal liability for the repayment of any Capital contribution of any other Member.

Section 4.4. Capital Accounts. (i) An individual Capital Account shall be established and maintained for each Member. (ii) The Capital Account of each Member shall be maintained in accordance with the

following provisions: (a) To such Member's Capital Account there shall be credited such Member's Capital

Contributions (consisting of cash or the fair market value of any property net of any liabilities secured by such contributed property that the Company is considered to assume or take subject to under Section 752 of the Code); such Member's distributive share of Profits; and such Member's distributive share ofother items of income, gain or credits; and

(b) To such Member's Capital Account there shall be debited the amount ofcash and the fair market value ofproperty distributed by the company to such Member (net ofliabilities secured by such distributed property which the Member is considered to assume or take subject to under Section 752 of the Code); such Member's distributive share of Losses; and such Member's distributive share ofother items of loss or deduction.

Section 4.5. Advances. If any Member shall advance any funds to the Company in excess of its Capital Contributions, the amount of such advance shall neither increase its Capital Account nor entitle it to any increase in its share of the distributions of the Company. The amount of any such advance shall be a debt obligation of the Company to such Member and shall be subject to such terms and conditions acceptable to the Company and each Member. Any such advance shall be payable and collectible only out of Company assets, and the other Members shall not be personally obligated to repay any part of the advance. No Person who makes any nonrecourse loan to the Company shall have or acquire, as a result of making such loan, any direct or indirect interest in the profits, capital or property of the Company, other than as a creditor.

Section 4.6. Additional Contributions. If and to the extent unanimously approved by the Members from time to time, the members may make additional capital contributions in such amounts as the Members may determine. In such event, the members shall have the opportunity, but not the obligation, to participate in such additional capital contributions pro rata in proportion to their membership interests, or as they may otherwise agree, and the members' membership interests shall be recalculated after any such additional capital contributions.

ARTICLE FIVE

MEMBERS

Section 5.1. Powers ofMembers. The Members shall have the power to exercise any and all rights or powers granted to the Members pursuant to the express terms of this Agreement or by the Idaho Act. Except as provided in this Agreement, the Members shall have no power to bind


EXHIBITS 011


the Company.

Section 5.2. Reimbursements. The Company shall reimburse the Members for all ordinary and necessary out-of-pocket expenses incurred by the Members on behalf of the Company. Such reimbursement shall be treated as an expense of the Company that shall be deducted in computing the Net Cash Flow and shall not be deemed to constitute a distributive share of Profits or a distribution or return of capital to any Member.

Section 5.3. Partition. Each Member waives any and all rights that it may have to maintain an action for partition of the Company's property.

Section 5.4. Resignation. A Member may not resign from the Company prior to the dissolution and winding up of the Company.

Section 5.5. Meeting of Members. (i) Meetings of the Members may be called at any time by any Member. Notice of any

meeting shall be given to all Members not less than one (1) day nor more than thirty (30) days prior to the date of such meeting. Each Member may authorize any Person to act for it by proxy on all matters in which a Member is entitled to participate, including waiving notice of any meeting, or voting or participating at a meeting. Every proxy must be signed by the Member or its attorney-in-fact.

(ii) Unless otherwise agreed by all of the Members, all meetings of Members shall take place at the principal place ofbusiness of the Company.

(iii) Business transacted at any meeting ofMembers shall be limited to the purposes stated in the notice ofthe meeting, unless otherwise agreed to by all of the Members.

(iv) The holders of a majority of the Percentage Interests issued and outstanding and entitled to vote at the meeting, present in person or represented by proxy, shall constitute a quorum at all meetings of the Members for the transaction ofbusiness except as otherwise provided by this Agreement. If, however, such quorum shall not be present or represented at any meeting of the Members, the Members entitled to vote at the meeting, present in person or represented by proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented any business may be transacted which might have been transacted at the meeting as originally notified. If the adjournment is for more than ten (l0) days, or ifafter the adjournment a new record date is fixed for the adjourned meeting, a notice ofthe adjourned meeting shall be given to each Member.

(v) When a quorum is present at any meeting, the vote of the holders ofthe majority of the Percentage Interests having voting power, present in person or represented by proxy, shall decide any question brought before such meeting, unless the question is one upon which by express provision ofthis Agreement, a different vote is required in which case such express provision shall govern and control the decision of such question.

(vi) Unless otherwise provided in this Agreement, each Member shall at every meeting of the Members be entitled to vote in person or by proxy, but no proxy shall be voted on after three years from its date, unless the proxy provides for a longer period.

(vii) Members may participate in a meeting of the Members by means of conference

OPERATING AGMT OF HITCHING POST WEDDINGS, L.L.c. - 8

EXHIBITS 012


telephone or similar communications equipment, provided all persons participating in the meeting can hear each other, and such participation in a meeting shall constitute presence in person at the meeting.

(viii) The Members shall establish all other provisions relating to meetings of Members, including notice of the time, place or purpose of any meeting at which any matter is to be voted on by any Members, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy or any other matter with respect to the exercise of any such right to vote.

(ix) The Company may take any action contemplated by this Agreement as approved by the unanimous written consent of the Members.

ARTICLE SIX

MANAGEMENT

Section 6.1. Member Management. (i) In accordance with the Idaho Act, management of the Company shall be vested in the

Members. Except as otherwise expressly provided in this Agreement, whenever this Agreement requires or permits actions to be taken by the Members, the decision by Members owning more than fifty percent (50%) of the Percentage Interests of the Company shall be the controlling decision of the Company.

(ii) The Members shall have full, exclusive and complete discretion to manage the business and affairs of the Company, to make all decisions affecting the business and affairs of the Company and to take such actions as they deem necessary or appropriate to accomplish the purpose of the Company as set forth in this Agreement. There shall not be a "manager" (within the meaning ofthe Idaho Act) of the Company.

(iii) With respect to third parties, each Member is an agent of the Company's business, and each Member may bind the Company, unless otherwise specified in a Statement ofAuthority filed with the Idaho Secretary of State pursuant to Section 6.3 below. If a Member binds the Company, but did not have the authority to so act under this Agreement (including by failing to obtain necessary consents from other Members), in addition to any other remedy (at law or in equity) that may be available against such Member, such Member shall be liable for all damages suffered by the Company caused by breaching this Agreement.

Section 6.2. Reliance by Third Parties. Any Person dealing with the Company or any Member may rely upon a certificate signed by any Member as to: (i) the identity ofa Member; (ii) the existence or nonexistence of any fact or facts which constitute a condition precedent to acts by the Members or in any other manner germane to the affairs of the Company; (iii) the Persons who are authorized to execute and deliver any instrument or document of, or on behalf of, the Company; or (iv) any act or failure to act by the Company or as to any other matter whatsoever involving the Company or any Member.

Section 6.3. Statement of Authority. Under the Idaho Act, and upon approval of a majority of the Percentage Interests of the Company, the Company may file with the Idaho Secretary of State a Statement ofAuthority specifying the actual authority of the Members of the

OPERA TING AGMT OF HITCHING POST WEDDINGS, L.L.C. - 9

EXHIBITS 013


Company relative to executing instruments and binding the Company to transactions.

Section 6.4. Committees. The Members may, by resolution, designate one or more committees, each committee to consist of one or more of the Members of the Company_ The Members may designate one or more Members as alternate members ofany committee, who may replace any absent or disqualified Member at any meeting of the committee. In the absence or disqualification ofa member ofa committee, the member or members ofthe committee present at any meeting and not disqualified from voting, whether or not such members constitute a quorum, may unanimously appoint another Member to act at the meeting in the place of any such absent or disqualified member. Any such committee, to the extent provided in the resolution of the Members, shall have and may exercise all the powers and authority of the Members in the management of the business and affairs of the Company, but no such committee shall have the power or authority to take any of the actions described in Section 6.5 of this Agreement unless authorized in writing by each Member. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Members. Each committee shall keep regular minutes of its meetings and report the same to the Members when required.

Section 6.5. Actions Requiring Unanimous Approval of the Members. Notwithstanding any other provision of this Agreement to the contrary, no Member shall take any of the following actions on behalf of the Company unless authorized to do so unanimously by the Members:

(i) The sale, exchange or other disposition ofany ofthe assets ofthe Company except for sales in the ordinary course of business;

(ii) The commencement ofa voluntary proceeding seeking reorganization or other relief with respect to the Company under any bankruptcy or other similar law or seeking the appointment of a trustee, receiver, custodian or other similar official of the Company or any substantial part of its property, or the making by the Company of general assignment for the benefit ofcreditors;

(iii) The declaration or making of any distributions to Members; (iv) The entering into by the Company of any joint venture, partnership, subcontracting,

license, sub-license, manufacturing, marketing, distribution or other similar arrangement with any Person;

(v) The entering into by the Company ofany agreement, facility, commitment, guaranty, instrument or other undertaking providing for, or relating to, the incurrence ofany indebtedness by the Company;

(vi) The formation or organization of any subsidiary of the company and the appointment of directors of (or persons with comparable authority with respect to) any such subsidiary;

(vii) The issuance, sale, acquisition or repurchase by the Company of any Interest or other equity interest (or option, warrant, conversion or similar right with respect to any equity interest) in or of the Company;

(viii) The commitment to any material capital expenditure by the Company in any Fiscal Year of the Company;

(ix) The adoption of a business plan and annual operating budget for the Company (or any updates to the plan or budget);

(x) The entering into, amendment or termination of employment contracts with


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Members or their respective Affiliates; (xi) The appointment or change of the independent auditors or deposit banks or the

Company; (xii) The acquisition or lease by the Company of any real property, or any sale, lease or

sublease of, or similar arrangement affecting, any real property owned or leased by the Company; (xiii) The entering into, amendment, modification, renewal (or election not to renew),

waiver or termination by the Company of any financing document; (xiv) The incurring or assumption of any material liability or obligation, whether

contractually or otherwise, by the Company; and (xv) The acquisition or lease by the Company ofany real property.

Section 6.6. Company Attorney. Unless otherwise agreed by all of the Members, the general cotmsel and attorney at law ofthe Company shall be Michael S. Oswald, Managing Partner of InnovaCotmSel, LLP, who is located at 2412 W. Bannock Street, Boise, Idaho, 83702, whose telephone number is (208) 914-3086. The Members all recognize and acknowledge that said attorney is the attorney for the Company and not for anyone Member individually.

ARTICLE SEVEN

AMENDMENTS

Any amendment to this Agreement shall be adopted and be effective as an amendment to the Agreement if it receives the affirmative vote ofall ofthe Members, provided that such amendment be in writing and executed by all ofthe Members. This Agreement may not be amended, in whole or in part, orally, impliedly or by a course ofdealing or conduct.

ARTICLE EIGHT ALLOCATIONS

Section 8.1. Profits and Losses. (i) Subject to the allocation rules of Section 8.2, Profits for any fiscal Year shall be

allocated among the Members in proportion to the Percentage Interests. (ii) Subject to the allocation rules in Section 8.2, Losses from any Fiscal Year shall be

allocated among the Members in proportion to the Percentage Interests.

Section 8.2. Allocation Rules. (i) For purposes of determining the Profits, Losses or any other items allocable for any

period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Members using any method that is permissible tmder Section 706 of the Code and the Treasury Regulations tmder that Section.

(ii) Except as otherwise provided in this Agreement, all items ofCompany income, gain, loss, deduction and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Profits mJd Losses for the Fiscal Year in question.

(iii) The Members are aware of the income tax; consequences of the allocations made by

OPERATING AGMT OF HITCIDNG POST WEDDINGS, L.L.C. - 11

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this Article Eight and agree to be bound by the provisions of this Article Eight in reporting their shares of Company income and loss for income tax purposes.

(iv) The Members intend that the allocation provisions set forth in this Agreement are intended to comply with Section 704(b) ofthe code and the Treasury Regulations issued under the Section and the provisions are to be interpreted in a manner consistent with those Treasury Regulations.

Section 8.3. Tax Allocations; Section 704(c) of the Code. In accordance with Section 704(c) of the Code and the Treasury Regulations under that Section, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for income tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial fair market value.

ARTICLE NINE

DISTRIBUTIONS

Section 9.1. Net Cash Flow. Except as otherwise provided in Article Fifteen (relating to the dissolution of the Company), any distribution of the Net Cash Flow during any Fiscal Year shall be made to the Members in proportion to the Percentage Interests.

Section 9.2. Distribution Rules. All distributions pursuant to Section 9.1 shall be at such times and in such amounts as shall be determined by the Members.

Section 9.3. Limitations on Distribution. Notwithstanding any provision to the contrary contained in this Agreement, the Company, and the Members on behalf of the Company, shall not make a distribution to any Member on account of its interest in the Company if such distribution would violate the Idaho Act or other applicable Law.

Section 9.4. Financial Stability. No distribution shall be declared and paid unless, after giving effect to the distribution, the assets of the Company exceed the Company's liabilities.

ARTICLE TEN

BOOKS AND RECORDS

Section 10.1. Books, Records and Financial Statements. (i) At all times during the continuance of the Company, the Company shall maintain, at

its principal place of business, separate books of account for the Company that shall show a true and accurate record of all costs and expenses incurred, all charges made, all credits made and received and all income derived in connection with the operation of the Company business in accordance with generally accepted accounting principles consistently applied, and, to the extent inconsistent with such principles, in accordance with this Agreement. Such books of account, together with a copy ofthis Agreement and ofthe Certificate, shall at all times be maintained at the


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principal place of business of the Company and shall be open to inspection and examination at reasonable times by each Member and its duly authorized representative for any purpose reasonably related to such Member's interest in the Company.

(ii) The Company, and the Members on behalf of the Company, shall prepare and maintain, or cause to be prepared and maintained, the books of account of the Company. The Company, and the Members on behalf of the Company, shall prepare and file, or cause to be prepared and filed, all applicable federal and state tax returns.

Section 10.2. Accounting Method. For both fmancial and tax reporting purposes and for purposes of determining Profits and Losses, the books and records of the Company shall be kept on the cash method of accounting applied in a consistent manner in accordance with generally accepted accounting principles and shall reflect all Company transactions and be appropriate and adequate for the Company's business.

Section 10.3. Fiscal Year. The accounting, financial, tax, and fiscal year for the Company shall be a calendar year, beginning on January 1 and ending on December 31.

Section 10.4. Financial Audit. At any time at a Member's sole discretion, the financial statements ofthe Company may be audited by an independent certified public accountant, selected by such Member, with such audit to be accompanied by a report of such accountant containing its opinion. The cost of such audits will be an expense of the requesting Member. A copy of any such audited financial statements and accountant's report will be made available for inspection by all ofthe Members.

ARTICLE ELEVEN TAX MATTERS

Section 11. L Tax Matters Partner. (i) Donald Knapp is designated as "Tax Matters Partner" of the Company for purposes of

Section 6231(a)(7) of the Code. The Tax Matters Partner may not choose a forum for the resolution oftax matters or extend any statute of limitation without the written consent ofall ofthe Members.

(ii) The Tax Matters Partner shall, within ten (10) days of the receipt of any notice from the Internal Revenue Service in any administrative proceeding at the Company level relating to the determination of any Company item of income, gain, loss, deduction or credit, mail or otherwise deliver a copy of such notice of each Member.

Section 11.2. Taxation as Partnership. The Company shall be treated as a partnership for U.S. federal income tax purposes.

ARTICLE TWELVE

LIABILITY; EXCULPATION; INDEMNIFICATION

OPERATING AGMT OF HITCHING POST WEDDINGS, L.L.c. - 13

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Section 12.1. Liability. Except as otherwise provided by the Idaho Act, the debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the Company, and no Member shall be obligated personally for any such debt, obligation or liability of the Company solely by reason of being a Member.

Section 12.2. Exculpation. (i) No Covered Person shall be liable to the Company or any other Covered Person for

any loss, damage or claim incurred by reason ofany act or omission performed or omitted by such Covered Person in good faith on behalfofthe Company and in a manner reasonably believed to be within the scope of authority conferred on such Covered Person by this Agreement, except that a Covered Person shall be liable for any such loss, damage or claim incurred by reason of such Covered Person's gross negligence or willful misconduct.

(iii) A Covered Person shall be fully protected in relying in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by any Person as to matters the Covered Person reasonably believes are within such other Person's professional or expert competence and who has been selected with reasonable care by or on behalf ofthe Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits, losses or Net Cash Flow or any other facts pertinent to the existence and amount of assets from which distributions to Members might properly be paid.

Section 12.3. Fiduciary Duty. To the extent that, at law or in equity, a Covered Person has duties (including fiduciary duties) and liabilities relating to such duties to the Company or to any other Covered Person, a Covered Person acting under this Agreement shall not be liable to the Company or to any Member for its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities ofa Covered Person otherwise existing at law or in equity, are agreed by the parties to replace such other duties and liabilities of such Covered Person.

Section 12.4. Duty of Loyalty. In addition to its duties under this agreement or the Act, each Covered Person shall;

(i) Account to the Company, and hold as its trustee, any property, profit or benefit derived in the conduct or winding up of the Company's business or from the use of Company property, including the appropriation of a Company opportunity; and

(ii) Refrain from dealing with the Company in the conduct or winding up of the Company's business as or on behalf of a party having an interest adverse to the Company (unless the members consent).

Section 12.5. Duty ofGood Faith. The Members shall deal with one another in good faith, according to principles of fair dealing, and with honesty in fact. In addition to their duties under this Agreement or the Idaho Act, the Covered Persons shall be liable to the Company and the members for mistakes of fact or judgment, and any act or omission in connection with the conduct of the Company's business, ifthe mistake, act or omission was the result of fraud, bad faith, gross negligence, willful misconduct or a wrongful taking which shall have been proven in a court of


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competent jurisdiction, is the subject of a nonappealable order, judgment, decree or decision, and has caused or resulted in loss or damage to the Company or its members. Covered Persons shall not be responsible to any member for any loss of its investment or from operations, unless such loss shall have been the result of the conduct set forth above.

Section 12.6. Indemnification. To the fullest extent permitted by applicable law, a Covered Person shall be entitled to indemnification from the Company for any loss, damage or claim incurred by such Covered Person by reason of any act or omission performed or omitted by such Covered Person in good faith on behalf ofthe company and in a manner reasonably believed to be within the scope of authority conferred on such Covered Person by this Agreement, except that no Covered Person shall be entitled to be indemnified in respect ofany loss, damage or claim incurred by such Covered Person by reason ofgross negligence or willful misconduct with respect to such acts or omissions; provided, however, that any indemnity under this Article 12 shall be provided out of and to the extent of Company assets only, and no Covered Person shall have any personal liability with respect to such indemnity.

Section 12.7. Expenses. To the fullest extent permitted by applicable law, expenses (including legal fees) incurred by a Covered Person in defending any claim, demand, action, suit or proceeding shall, from time to time, be advanced by the Company prior to the final disposition of such claim, demand, action, suit or proceeding upon receipt by the Company of a undertaking by or on behalf of the Covered Person to repay such amount if it shall be determined that the covered Person is not entitled to be indemnified as authorized in Article 12.

Section 12.8. Insurance. The Company may purchase and maintain insurance, to the extent and in such amounts as the Members shall, in their sole discretion, deem reasonable, on behalf of Covered Persons and such other Persons as the Members shall determine, against any liability that may be asserted against or expenses that may be incurred by any such Person in connection with the activities of the Company or such indemnities, regardless of whether the Company would have the power to indemnifY such Person against such liability under the provisions of this Agreement. The Company may enter into indemnity contracts with Covered Persons and such other Persons as the Members shall determine and adopt written procedures pursuant to which arrangements are made for the advancement of expenses and the funding of obligations under Article 12 and containing such other procedures regarding indemnification as are appropriate.

Section 12.9. Outside Similar Businesses. Any Member or Affiliate of a Member may not engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar to the business of the Company.

Section 12.10. Outside Dissimilar Businesses. Any Member or Affiliate of a Member may engage in or possess an interest in other business ventures of any nature or description, independently or with others, dissimilar to the business ofthe Company, and the Company and the Members shall have no rights by virtue of this Agreement in and to such independent ventures or the income or profits derived from such ventures, and the pursuit of any such venture, even if competitive with the business of the Company, shall not be deemed wrongful or improper.


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Section 12.11. Business Opportunities. Every Member or Affiliate ofa member shall be obligated to present any particular investment opportunity that may arise or become known to the Company, but only ifsuch opportunity is ofa character that, ifpresented to the Company, could be taken by the Company.

ARTICLE TIDRTEEN

ADDITIONAL MEMBERS

Section 13.1. Admission. By approval ofall ofthe Members, the Company is authorized to admit any Person as an additional member ofthe Company (each an "Additional Member" and collectively the "Additional Members"). Each such Person shall be admitted as an Additional Member at the time such Person: (i) executes this Agreement or a counterpart of this Agreement; and (ii) is named as a Member on the attached Schedule A. The legal fees and expenses associated with such admission shall be borne by the Company.

Section 13.2. Allocations. Additional Members shall not be entitled to any retroactive allocation of the Company's income, gains, losses, deductions, credits or other items; provided that, subject to the restrictions ofSection 706( d) of the Code, Additional Members shall be entitled to their respective share of the Company's income, gains, losses, deductions, credits and other items arising under contracts entered into before the effective date of the admission of any Additional Members to the extent that such income, gains, losses, deductions, credits and other items arise after such effective date. To the extent consistent with Section 706(d) ofthe Code and Treasury Regulations promulgated under that Section, the Company's books may be closed at the time Additional Members are admitted (as though the Company's tax year had ended) or the Company may credit to the Additional Members pro rata allocations of the Company's income, gains, losses, deductions, credits and items for that portion of the Company's Fiscal Year after the effective date of the admission of the Addition Members.

ARTICLE FOURTEEN ASSIGNMENT AND PLEDGE OF INTERESTS

Section 14.1. Assignability ofInterests. No Member may assign the whole or any part of its Interest.

Section 14.2. Recognition ofAssignment by Company_ No assignment or pledge or any Interest, or any part of an Interest, that is in violation of this Article 14 shall be valid or effective, and neither the Company nor the Members shall recognize the same for the purpose of making distributions pursuant to this Agreement. Neither the Company nor the Members shall incur any liability as a result of refusing to make any such distributions to the assignee of any such invalid assignment.

Section 14.3. Pledge. No Member may pledge or otherwise encumber the whole or any part of its Interest.

Section 14.4. Transfers. No member may transfer all, or any portion of, or any rights in, its Interest. The members agree that the restrictions on the transfer of Interests under this provision


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are fair and reasonable in light of Internal Revenue Code requirements affecting the Company's classification as a partnership for tax purposes.

ARTICLE FIFTEEN

DISSOLUTION, DISASSOCIATION, LIQUIDATION AND TERMINATION

Section 15.1. No Dissolution. The Company shall not be dissolved by the admission of Additional Members or substitute Members in accordance with the terms of this Agreement.

Section 15.2. Events Causing Dissolution. The Company shall be dissolved and its affairs shall be wound up upon the occurrence of any ofthe following events:

(i) The written consent of all Members; (ii) The death, incompetency, permanent disability, retirement, expulsion, bankruptcy or

dissolution/divorce of a Member or the occurrence of any other event under the Idaho Act that terminates the continued membership ofa Member in the Company unless, within thirty (30) days after the occurrence of such an event, all of the remaining Members agree in writing to continue the business of the Company; or

(iii) The entry of a decree ofjudicial dissolution of the Company under the Idaho Act.

Section 15.3. Voluntary Retirement. Any member may retire from the Company upon giving one-hundred eighty (180) days' notice, in advance, of such retirement to the other Members. In the event of such retirement, the Member so retiring agrees to transfer and convey to the remaining Members all of his or her Interest, including all accounts that may be due by virtue of his or her services and goodwill, as well as his or her right, title or estate in and to the Company property. The retiring Member shall be entitled to payment from the Company for the value ofthe Member's Interest on the date ofretirement as established by the procedure set forth in Sections 15.5 and 15.6 below.

Section 15.4. Involuntary Expulsion. Any Member may be expelled from membership in the Company with or without cause by an affirmative vote of a two-third majority of the Percentage Interests of the Members of this Company. In the event of such expulsion, the expelled Member shall be entitled to payment from the Company for the value of the Member's Interest on the date ofexpulsion as established by the procedure set forth in Sections 15.5 and 15.6 below. In addition thereto, if the expelled Member has been receiving a salary from the Company, she or he shall be entitled to a severance payment equal to six (6) months' salary from and after the date of expulsion, payable monthly, the salary to be the average monthly salary as shown by the annual statements preceding the date of such expulsion.

Section 15.5. Payment to Disassociated Member. (i) If any Member shall die, retire, be expelled or withdraw for any reason during the term

ofthe Company, there shall be payable to such Member or to the personal representative of such deceased Member the value ofhis or her Interest in the Company, which shall be determined in the following manner:

(a) An amount equal to the sum of: (1) any loan by the Member to the Company;


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and (2) any other indebtedness due from the Company to the Member other than the sums due under paragraphs (b) and (c) below.

(b) An amount equal to the Member's proportionate share of the accrued net income of the Company to the date of the Member's disassociation undistributed in the Member's drawing account.

(c) An amount equal to the Member's proportionate share ofthe total fair market value of all Company property, excluding intangible assets (which includes but is not limited to goodwill and the Company name), according to the Appraised Value of such property.

(d) The Company shall have the right to offset against the payments to be made under paragraphs ( a), (b), and (c) above any claim which the Company may have against the disassociated Member arising out ofthe Company or this Agreement.

(ii) The amount required to be paid to the disassociated Member or to the personal representative of the estate of a disassociated Member pursuant to subsection (i) above shall be paid in sixty (60) substantially equal monthly installments, with the first payment due no later than ninety (90) days following disassociation. The balance due the disassociated Member or to the personal representative of the estate of a disassociated Member shall accrue simple interest from the date of disassociation at the Prime Rate on the date of disassociation, as published in the Wall Street Journal, or another reputable publication designated by the Members. Each monthly payment shall include principal and interest. The Company shall have the privilege at any time and from time to time of accelerating the payment of the whole or any part or parts of the unpaid balance prior to the due date at any time without notice or bonus.

(iii) Notwithstanding any of the provisions of this Article, there may be paid to a disassociated Member or to the personal representative of the estate of a disassociated Member such sum of money in such installments as a majority in interest of the continuing or surviving members shall deem advisable.

(iv) The amounts payable to a disassociated Member or to the personal representative of a disassociated Member shall be paid by the Company and accepted by the disassociated Member or by the personal representative of the disassociated Member in full, final and complete settlement and satisfaction ofall the claims ofsuch disassociated Member against the Company, the surviving or continuing members, and the assets of the Company.

(v) During the time that payments are being made for disassociation, the disassociated Member, or its successor in interest, shall not be a Member of the Company and shall have no rights as a Member of the Company.

Section 15.6. Appraised Value. The appraised value of the disassociated Member's equity in the Company, detennined as of the date on which the disassociation occurred (the "Appraised Value"), shall be detennined by an appraiser(s), who shall be designated by each ofthe Company and the disassociated Member or its successor-in-interest within ten (10) days following the date on which the Company and the disassociated Member or its successor-in-interest acknowledge that they cannot otherwise agree on the value. Ifthe Company and the disassociated Member or its successor-in-interest are unable within that ten (lO)-day period to agree on an appraiser, then each shall, as promptly as possible, appoint a qualified certified valuation analyst or other similarly qualified appraiser in good standing with any professional governing body. For the purpose of making the appraisal, the appraiser(s) shall be given access to, and may review, subject to appropriate confidentiality arrangements, all books and records and infonnation


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available to the Company. The appraiser(s) shall prepare and submit his, her or their written appraisal to the Company and to the disassociated Member or its successor-in-interest. Ifthe two appraisers agree upon the appraised value, they shall jointly render a written report. If they have not so agreed, within ten (l0) days following the realization of their disagreement, they shall appoint a third appraiser, who shall appraise the Company's assets, determine the appraised value and render a written report. That appraiser's determination shall be conclusive and binding on the parties. Each party shall pay the fees and expenses of the appraiser designated by the party, and shall bear one-half of the fees and expenses of the third appraiser.

Section 15.7. Liquidation. Upon dissolution of the Company, the Members shall carry out the winding up of the Company and shall immediately commence to wind up the Company's affairs; provided, however, that a reasonable time shall be allowed for the orderly liquidation ofthe assets ofthe Company and the satisfaction ofliabilities to creditors so as to enable the Members to minimize the normal losses attendant upon a liquidation. The Members shall continue to share Profits and Losses during liquidation in the same proportions, as specified in Article 8, as before liquidation. The proceeds of liquidation shall be distributed in the following order and priority;

(i) To creditors of the company, including Members who are creditors, to the extent otherwise permitted by law, in satisfaction of the liabilities of the Company (whether by payment or the making of reasonable provision for payment); and

(ii) To the Members in accordance with their Capital Account balances, after giving effect to all contributions, distributions and allocations for all periods.

Section 15.8. Accounting on Dissolution. The capital, income and drawing accounts shall be posted as of the date of dissolution. Assets and liabilities shall be taken at book value, but no value shall be assigned to intangible assets (which includes but is not limited to goodwill and the Company name).

Section 15.9. Termination. The Company shall terminate when all of the assets of the Company, after payment of or due provision for all debts, liabilities and obligations of the Company, shall have been distributed to the Members in the manner provided for in this Article 15 and the Certificate shall have been canceled in the manner required by the Idaho Act.

Section 15.10. Claims of the Members. The Members and former Members shall look solely to the Company's assets for the return of their Capital Contributions, and if the assets of the Company remaining after payment of or due provision for all debts, liabilities and obligations of the Company are insufficient to return such Capital Contributions, the Members and former Members shall have no recourse against the Company or any other Member.

ARTICLE SIXTEEN

MISCELLANEOUS

Section 16.1. Notices. All notices provided for in this Agreement shall be in writing, duly signed by the party giving such notice, and shall be delivered, mailed via an overnight courier service, telecopied or mailed by registered or certified mail, as follows:


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(i) If given to the Company, at the address specified in Section 2.6 ofthis Agreement; (ii) If given to any Member, at the address set forth opposite its name on the attached

Schedule A, or at such other address as such Member may designate in the future by written notice to the Company.

All such notices shall be deemed to have been given when received.

Section 16.2. Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Section 16.3. Cumulative Remedies. The rights and remedies provided by this Agreement are cumulative and the use of anyone right or remedy by any party shall not preclude or waive its right to use any or all other remedies. The rights and remedies are given in addition to any other rights the parties may have by Law or otherwise.

Section 16.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all of the parties and, to the extent permitted by this Agreement, their successors, legal representatives and assigns.

Section 16.5. Interpretation. Throughout this Agreement, nouns, pronouns and verbs shall be applicable. All references in this Agreement to "Articles," "Sections" and "Paragraphs" shall refer to corresponding provisions of this Agreement.

Section 16.6. Severability. The invalidity or unenforceability ofany particular provision ofthis Agreement shall not affect the other provisions ofthis Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

Section 16.7. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as ifall parties had signed the same document. All counterparts shall be construed together and shall constitute one instrument.

Section 16.8. Entire Agreement. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements and understandings pertaining to the subject matter.

Section 16.9. Governing Law. This Agreement and the rights of the parties shall be interpreted in accordance with the laws of the State of Idaho, and all rights and remedies shall be governed by such laws without regard to principles of conflict oflaws.

Section 16.10. No Implied Rights or Remedies. Nothing expressed or implied shall be construed to confer upon any Person, except the Members and Managers, any rights or remedies under or by reason of this Agreement.

Section 16.11. Dispute Resolution. In the event of a dispute or disagreement regarding


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perfonnance, execution, interpretation, or any other matter related to the fonnation or fulfillment of this Agreement:

(i) The laws of the State ofldaho shall govern all matters related to such; (ii) The District Court of the First Judicial District of the State of Idaho, in and for the

County ofKootenai, shall have exclusive jurisdiction to hear and resolve such; (iii) Each of the undersigneds and the Company expressly consent to personal jurisdiction

and venue in the District Court of the First Judicial District of the State of Idaho, in and for the County of Kootenai, and waive any objection to personal jurisdiction or venue that the undersigned might have;

(iv) If any of the undersigneds or the Company seek the services of an attorney regarding such, the prevailing party upon trial, appeal, or other judicial disposition shall be entitled to reimbursement of all reasonable attorney fees, court costs, and litigation expenses incurred in enforcing this Agreement and in collecting on any judgment resulting therefrom, except such fees, costs, and expenses incurred in pursuing an invalid or unenforceable provision of this Agreement;

(v) Any of the undersigneds and the Company can pursue any and all legal and equitable remedies available to a party under Idaho law.

Section 16.12. Advice of Counsel. Each of the undersigneds acknowledge that they have had the opportunity to consult with their respective legal counsel prior to and regarding the fonnation, execution, and perfonnance of this Agreement.

Section 16.13. Representations. The undersigneds each represent that:

(i) at the time of execution of this Agreement, the undersigned freely and voluntarily assented to be bound by the tenns and conditions of this Agreement;

(ii) at the time of execution of this Agreement and during all times related to the negotiation and drafting of this Agreement, the undersigned had capacity to act and was knowledgeable and aware of the dealings and effect of this Agreement;

(iii) this Agreement is not being executed for an illegal purpose and the tenns and conditions of this agreement do not contain any illegal subject matter;

(iv) the undersigned, at the time ofexecution ofthis Agreement and during all times related to the negotiation and drafting of this Agreement, made no misrepresentations, false assertions of facts, and did not conceal any facts;

(v) at the time ofexecution ofthis Agreement and during all times related to the negotiation and drafting of this Agreement, the party was acting voluntarily and not subject to duress or coercion;

(vi) the undersigned is unaware of any mutual or unilateral mistakes related to the fonnation or execution of this Agreement;

(vii) the undersigned has read and understands the tenns and conditions ofthis Agreement and believes all of them to be fair and reasonable; and

(viii) the party received adequate consideration in support ofexecution ofthis Agreement.

These representations shall survive the execution of this Agreement and continue for the duration of the Company's existence.

In witness, the parties have executed this agreement the day and year indicated opposite each signature.


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OCT-06-14 10 09 AM DON+LYNN KNAPP 208 667 1535 P.02 . . . . ,I ·1~?T .". r .'~:,~' .. "~

; .j

Date :~

)0 -. b -- 1</ Date

I, :

, :

:'. i (! ) . I. I

. ,()PERAlWG AGMT OF HITCHING POST WEDDINGS, L.L.C... 22

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SCHEDULE A

Member, with

Address and

Telephone

Percentage

Ownership

Interest

Donald Knapp

3676 Evergreen Dr., Coeur d' Alene, ld. 83815

Tel. 208-667-1535

50

Evelyn Knapp

3676 Evergreen Dr., Coeur d' Alene, ld. 83815

Tel. 208-667-1535

Tel. (208)

50

TOTAL 100%


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EXHIBIT 3

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HITCHING POST EMPLOYEE POLICY, RULES, AND REGULATIONS REGARDING MARRIAGE CEREMONIES

Statements of Purpose The Hitching Post is a religious corporation owned solely by ordained ministers of the Christian religion who operate this entity as an extension of their sincerely held religious beliefs and in accordance with their vows taken as Christian ministers. The purpose of the Hitching Post is to help people create, celebrate, and build lifetime, monogamous, one-man-one-woman marriages as defined by the Holy Bible. The Christian religion requires that all its adherents, and especially its ministers, apply their religious precepts and doctrines to all facets of their lives, including their work and the operation of their businesses. For this reason, the Hitching Post reserves the right to refuse a request for services that would require the entity to engage in conduct that conflicts with its owners’ sincerely held religious beliefs and the ministerial vows taken by the owners. The Hitching Post engages in its own expression through the services that it provides. In so doing, The Hitching Post intentionally expresses public messages that promote aspects of its owners’ Christian religion and that are not inconsistent with those sincerely held beliefs. For this reason, The Hitching Post reserves the right to refuse a request for services that would require the entity to engage in or host expression that violates its owners’ sincerely held religious beliefs. Only Hitching Post’s owners and employees perform weddings at Hitching Post Chapel and other locations scheduled by the Hitching Post. They have ultimate control over the content of the ceremony and will not conduct a ceremony that expresses messages that are inconsistent with their Christian faith. The Hitching Post provides wedding and marriage-related services for the purpose of publicly expressing and promoting that marriage is the union of one man and one woman, which is consistent with its owners’ sincerely held religious beliefs and with their ministerial vows. Any request for wedding and marriage-related services not within this identified purpose is outside the scope of services offered by the Hitching Post. The Hitching Post, consistent with its owners’ sincerely held religious beliefs, provides wedding and marriage-related services also for the purposes of promoting the social institution of marriage as a fundamental building block of our society and promoting the public understanding of marriage as the union of one man and one woman. By furthering these purposes, the Hitching Post endeavors to instill and promote this biblical understanding of marriage and marriage-related values in the communities where it operates. Achieving these goals is important to ensure that marriage remains a vital social institution that uniquely promotes the raising of children by their mother and father.

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Rules and Regulations In light of these purposes specified above, employees of the Hitching Post must adhere to the following rules:

• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.

• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will only perform wedding ceremonies for couples entering into a one biological male and one biological female union. Hitching Post owners and employees will not conduct wedding ceremonies or their equivalent (i.e. commitment ceremonies, etc.) for same-sex, polyamorous, bigamous, or any other relationship that is inconsistent with the Hitching Post owners’ religious belief that marriage is a union between man and woman.

• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.

• Persons of all age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity/expression, disability, marital status, and socioeconomic status are welcomed and encouraged to stand with brides and grooms and to attend wedding ceremonies.

• Persons of all age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity/expression, disability, marital status, and socioeconomic status are welcomed and encouraged to obtain any resource about marriage provided by the Hitching Post.

As an employee of the Hitching Post, I agree to perform my job-related activities in accordance with the rules specified above. I agree that I will not perform wedding ceremonies or their equivalent at the Hitching Post Chapel or at any locations scheduled by the Hitching Post in a way that violates the rules specified above. If I have any questions about how these rules apply in a particular instance, I agree to ask the Hitching Post owners before I perform a wedding ceremony at the Hitching Post Chapel or at locations scheduled by the Hitching Post. Please sign that you have read this policy and agree to abide by it: __________________________________________________

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HITCHING POST WEDDING CUSTOMER POLICY, RULES, AND REGULATIONS REGARDING MARRIAGE CEREMONIES

The Hitching Post is a religious corporation owned by Christian ministers for a religious purpose. If you would like to read a full description of the Hitching Post’s purpose and character and a full description of the wedding ceremonies the Hitching Post will perform, a document outlining these is available upon request. Because of its religious purpose and character, the Hitching Post will only perform wedding ceremonies consistent with the owners’ religious beliefs. Therefore, Hitching Post owners and employees will not conduct wedding ceremonies or their equivalent (i.e. commitment ceremonies, etc.) for same-sex, polyamorous, bigamous, or any other relationship that is inconsistent with the Hitching Post owners’ religious belief that marriage is a union between one biological male and one biological female. As a Hitching Post wedding customer, I affirm and promise that I am not requesting the Hitching Post to provide any services that violate the rules specified above. I affirm and promise that I am requesting the Hitching Post to perform a wedding service between one biological male and one biological female. If I have any questions about how these rules apply in my particular instance, I agree to ask a Hitching Post owner or employee before the Hitching Post performs my wedding ceremony at the Hitching Post Chapel or at locations scheduled by the Hitching Post. Please sign that you have read this policy and agree to abide by it: __________________________________________________

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Lynn’s Wedding Vows These are the vows I usually use. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ We're gathered here to join this man and this woman in Holy Matrimony, which is honorable among

all men and is not to be entered into unadvisedly, or lightly, but reverently, discretely and in the fear of God.

And now if Patrick and Jessica have appeared for the purpose of being joined in Holy wedlock, will

you please signify this intention, by joining your right hands. To Patrick Do you take the lady whom you now hold by the hand, to be your lawful and wedded wife? (I Do).

Do you promise to love and cherish her in sickness and in health, for richer, for poorer, for better for worse, and forsaking all others keep you only unto her so long as you both shall live? (I do)

GROOM – repeat vows - I Patrick take you Jessica, to be my wedded wife, to have and to hold from this day forward, for better or worse, for richer or poorer, in sickness and in health, to love and to cherish, till death do us part.

To Jessica Do you take the gentleman who now stands by your side and who holds you by the hand to be your

lawful and wedded husband? (I Do) Do you promise to love and cherish him, in sickness and in health, for richer, for poorer, for better for worse, and forsaking all others, keep you only unto him as long as you both shall live? (I Do)

BRIDE – repeat vows - I Jessica take you Patrick, to be my wedded husband, to have and to hold from this day forward, for better or worse, for richer or poorer, in sickness and in health, to love and to cherish, till death do us part.

To both of you Do you both promise in the presence of God that you will at all times and in all circumstances treat

each other with respect as is appropriate for a husband and a wife. (I Do) That you will love, cherish and stay with one another until separated by death. (I Do) ~~~~~~~~~~~~~~~~ You have made many promises today, to love, cherish, stay with each other. And I hope you have

talked about these things, to love, to cherish etc. and that you have talked about your hopes and dreams and plans for the future.

You have made a commitment today, a choice, a decision to love and today you are starting out fresh

and new. And this is just the wedding, not the marriage. It will start in a few minutes and you have lots of years ahead to perfect your love for each other.

I'd like to talk to you about Love. Love is a very small word, but there is a lot of meaning to it. God has told us something about love and since He created marriage and love, I think that He has

some great advice for us and if we follow what he says, you will have a great marriage.

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He tells us that Love is Kind, is not selfish, Love keeps no record of wrongs, works to please, trusts,

hopes, perseveres. Also our pastor says it this way, “Love is doing what's best for the other person no matter what it costs me.” I'd like to share a little about the “Love keeps no record of wrongs” part. As I think people get hung up on this. Someone says something to us and we get our feelings hurt and instead of talking through a difficult situation, we stuff it inside and then another thing is stuffed on top of that and then another and one day we just explode, because we aren't created to handle it.

So Patrick, I can't imagine you would ever come home from work and ever say something unkind or

do something unkind to your beautiful bride -but just in case- swallow your pride, and yes, I know it is hard, but go and ask forgiveness from Jessica. And Jessica if you will give that forgiveness and then do one more thing, bury it or throw it away never to be brought up again in the future. See that is what God did for us. When we do wrong we are to go to God and ask forgiveness and does He forgive us- yes, He does. And then he does one more thing, he buries it in the sea of forgetfulness, never to be remembered again. We might remember the crummy thing we did, but he doesn't. So that is an example for us to follow, though we won't be perfect at it, but work at it daily. However, if you have things you need to work through and discuss, take the time to do that as your marriage is “that important” for you to do things that will build your marriage. Now Jessica it works the other way too. I can't imagine that you'd ever be cranky or crabby and say or do something unkind to Patrick, but just in case, -- do the same, ask him to forgive you and Patrick give her that forgiveness and then put it away never to be brought up again.

Rings- The ring is a symbol of the love that the two of you pledged to each other. A never ending

circle showing long lasting commitment to each other. Prayer- Dear Lord, Bless Patrick and Jessica, help them as a husband and wife to do things that will

build a marriage, that Jessica would often tell Patrick how much she respects him and appreciates him, and that Patrick will give Jessica the Love and tenderness and kindness that she needs. Help them to be not only lovers, but best friends, sharing what is in their hearts with each other.

Thank you for this Lord, in Jesus Name, Amen. Forasmuch as Patrick and Jessica have consented together in Holy wedlock and have witnessed the

same before God and have given and pledged their commitment to each other and have declared the same by the giving and receiving of rings and joining of hands. I pronounce that you are Husband and Wife in the Name of the Father, the Son and the Holy Spirit. Amen.

You may now kiss the bride.

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CITY ATTORNEY'S OFFICE

c,;'d,ii d'AreneIDAH O

7't0 E. Mullan AvenueCoeur d'Alene, Idaho 83814

(208)7 69-2348 - F AX (208)7 [email protected]

October 23. 2014

Mr. David A. CortmanAlliance Defending Freedom1000 Hurricane Shoals Road NE, Suite D-l100Lawrenceville, GA 30043

Via email: [email protected]

RE: Knapp, et al v. City of Coeur d'Alene

Dear Mr. Cortman:

This letter is intended as a clarification of my letter to you on October 20, 2014 regarding the abovereferenced case.

Based on the facts presented to the city by your clients' pleadings in the above referenced lawsuit andfurther review and analysis of the city's anti-discrimination ordinance (MC 9.56.010, et seq.) it is myopinion and the city's position that as currently represented, the conduct by Hitching Post WeddingsL.L.C. is exempt from the requirements olthe ordinance and would not be subject to prosecution underthe ordinance if a complaint was received by the city.

Pleasc contact me ifyou have any questions.

Very truly yours,

ichacl C.City Attomey

cc Ms. Virginia McNulty RobinsonRobinson Law. PLLCI 910 Northwest Blvd.. Suite 200Coeur d'Alene, ID 83814

Via cmail: vrobinsonlaw-pllc.com

Kirtlan G. NaylorNaylor & Hales, P.C.950 West Bannock St,, Suite 610Boise, lD 83702

Via email: [email protected]

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LOCAL WEDDING FACILITIES This is a complimentary list only; we do not endorse any of the facilities.

Kootenai County Magistrate Judge 501 Government Way or

324 Government Way, Coeur d’Alene 208-446-1170

Senior Judge Eugene Marano

208-664-3676

Bride and Groom Forever Pastor Don Washburn

2111 Windermere, Coeur d’Alene 208-704-2739

Marriages performed anytime, anywhere $50

Town and Country Weddings

Mobile Wedding Chapel Reverend E.P. Holm

United Living Ministries, Inc. 208-762-5830

[email protected]

The Coeur d’Alene Resort 208-765-4000 or 800-365-8338

www.cdaresort.com

Coeur d’Alene Wedding Chapel Suzanne Anderson

618 Wallace, Coeur d’Alene, 208-664-4408

www.northidahoweddings.com

[email protected]

F. Lewis Clark Mansion Monty Danner

5250 East Hayden Lake Road, Hayden Lake

208-772-3470 www.clarkhouse.com [email protected]

Greenbriar Inn Chris McIlvenna

315 Wallace, Coeur d’Alene 208-667-9660

www.greenbriarcatering.com

The Hitching Post 524 Government Way, Coeur d’Alene

208-664-5510 www.hitchingpostweddings.com

[email protected]

Victorian Wedding Chapel

1502 Sherman Avenue, Coeur d'Alene 208-664-8745

The White House Events, Wedding &

Catering 805 Sherman Avenue, Coeur d’Alene

208-765-3958 cdawhitehouseevents.com

[email protected]

Katie’s Wild Rose Inn 7974 East Coeur d’Alene Lake Dr,

Coeur d’Alene 208-699-3669 or 800-371-4345

www.katieswildroseinn.com

River Cove Elegant Waterfront Bed & Breakfast

212 Parkwood Place, Post Falls 208-773-9190

www.therivercove.com

The Roosevelt Inn and Spa John Hough

105 East Wallace Avenue, Coeur d’Alene

208-765-5200 or 800-290-3358 www.therooseveltinn.com [email protected]

Prairie Sky Weddings

Faye M. Griffiths 2890 South Stateline Road, Post Falls

Traveling Minister

Reverend James Bean 208-687-1360 or 208-699-2541

[email protected]

Traveling Minister

Reverend Dennis Oliver 208-651-1021

[email protected]

Reverend Florence M. Morrison 208-667-4604

[email protected]

Pastor Mark Coffey 303 South 16

TH Street, Coeur d’Alene

208-664-3233 or 208-661-0573 [email protected]

North Idaho Weddings

Terry Gurno (208) 660-7727

[email protected]

Married By Melody Melody Melton 208-964-3648

Ordained Minister

Pastor Gary W. O’Neal 208-691-2215

www.forgreenerpastures.com

garyonealcoaching.com

Reverend Jameson Richards (U.L.C., Rose Ministries)

208-704-7054 [email protected]

Custom Ceremonies By Christine Christine Taysan

208-704-8137 [email protected]

Reverend Christina Oss LaBang 808-216-8062 or 925-255-6194

[email protected]

Traveling Minister

Weddings at the Park Christi Kuchenski

29710 North Caribou Avenue, Athol 208-659-3910

[email protected]

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[email protected]

www.cdaresort.com

www.northidahoweddings.com

[email protected]

www.clarkhouse.com

mailto:[email protected]

www.greenbriarcatering.com%20

http://www.hitchingpostweddings.com/

[email protected]

http://www.katieswildroseinn.com/

www.therivercove.com%20

http://www.therooseveltinn.com/


[email protected]

[email protected]

[email protected]


http://www.forgreenerpastures.com/

EOY%20Marriage%20instructions.docx

[email protected]



Acceptable%20forms%20of%20ID.docx

Acceptable%20forms%20of%20ID.docx

2:14-cv-00441 #29

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