Mathew Hoffman
SAN DIEGO - A Christian nonprofit that specializes in producing videos offering Bible-based teachings on human sexuality has sued tech firm OpenAI, claiming the company became the latest California tech company to engage in religious discrimination by denying the religious nonprofit a discounted subscription to ChatGPT.
On May 21, Texas-based Holy Sexuality filed suit in San Diego federal court against OpenAI Inc. and We Are Percent Limited, a United Kingdom-based company which operates nonprofit connection and verification service Goodstack.
Holy Sexuality is represented by attorneys from the constitutional rights advocacy organization, Alliance Defending Freedom.
“Christians and other people of faith aren’t second-class citizens in California, and tech companies can’t refuse discounts to customers simply because they’re religious,” said ADF attorney Mathew Hoffmann. “We are urging the court to affirm our client Holy Sexuality’s fundamental freedom of religion, declare OpenAI and Goodstack’s discriminatory denial and policy unlawful, and require the tech giant to grant Holy Sexuality the nonprofit discount.”
According to its website, Holy Sexuality is a 501(c)3 nonprofit organization which distributes products through the Holy Sexuality Project, run by Christopher Yuan. Yuan is the author of a 2020 book titled "Holy Sexuality and the Gospel," which the site said "details his dramatic conversion from an agnostic gay man who put his identity in his sexuality to a pastor, Bible professor, and Christian author who now puts his identity in Christ alone."
Christopher Yuan
According to the site, Holy Sexuality produces video teachings and courses offering a "thoroughly gospel-centered video study on sex, sexuality, and gender" designed to be viewed by teens with their parents.
According to the complaint, "those teachings include God’s design for marriage as a lifelong union between one man and one woman. They also include that God immutably creates each person as male or female; these two distinct, complementary sexes reflect the image of God; and rejection of one’s biological sex is a rejection of being made in the image of God."
According to the complaint, Holy Sexuality sought to purchase a subscription to OpenAI's ChatGPT artificial intelligence service to help the organization "translate its religious programming into other languages, such as Chinese and Spanish; to reach a larger audience; to interpret website traffic and user engagement patterns to improve engagement and outreach; and for other valuable uses."
According to the complaint, Holy Sexuality applied for OpenAI's 20% discount, allegedly offered to all "eligible nonprofits."
According to the complaint, OpenAI referred Holy Sexuality's discount application to Goodstack for verification.
According to the complaint, however, OpenAI denied Holy Sexuality the 20% discount, because it allegedly violated OpenAI's policy denying the discount to "academic, medical, religious, or governmental institutions."
Under the complaint, that policy violates California state law prohibiting discrimination on the basis of religion.
The complaint asserts Goodstack helps OpenAI enforce and administer that policy.
The complaint seeks court orders declaring OpenAI's policy to be illegal and blocking OpenAI and Goodstack from enforcing the policy against religious nonprofits.
Holy Sexuality is also seeking unspecified money damages and attorney fees.
The lawsuit marks the second time Holy Sexuality and Alliance Defending Freedom have partnered to sue tech companies for alleged religious discrimination.
The ADF noted that in April Holy Sexuality settled a separate religious discrimination case against software company Asana after Asana allegedly also refused to give Holy Sexuality a 50% discount extended to other non-religious nonprofits.
According to an ADF statement, under the settlement, Asana agreed to give Holy Sexuality the 50% discount and "revised its discriminatory policy."
Holy Sexuality is represented in the action by attorneys Philip A. Sechler and Matthew W. Hoffman, of ADF, of Landsdowne, Virginia; and Robert J. Reynolds, of Rancho Santa Fe, California.
