Source: PC Magazine, Marketing Vox, KSL, Chemistry.com press release
The day after online dating site eHarmony reached a settlement with the New Jersey attorney general's office regarding gay and lesbian customers, a California Superior Court judge ruled that a separate case could proceed as a class-action.
A competitor to eHarmony also released a statement touting its service, and casting doubt on the ability of eHarmony to serve gay and lesbian couples. "Unfortunately, those searching for non-judgmental love still won't be able to visit eHarmony to find it, and will instead be ushered off to an entirely separate site," said the statement from Chemistry.com.
According to its agreement with the New Jersey attorney general's office, eHarmony has until March 31 to launch a gay dating site. The site will be called "Compatible Partners"; eHarmony will offer 10,000 free six-month subscriptions to interested parties, Marketing Vox reports.
But the lawyer for a California plaintiff who filed a separate complaint against the dating site said he is concerned that the New Jersey deal is unenforceable outside the state, PC Magazine reports.
Joshua Konecky of Schneider Wallace Cottrell Brayton Konecky, which represents the California plaintiffs, called for "an injunction that's going to spell out a little more specifically the concept that it needs to be provided on equal terms and [is] going to be enforceable by the court down the road."
In May 2007, Linda Carlson sued eHarmony in a California court for refusing to match gay and lesbian couples. The policy, she claimed, is a violation of California's Unruh Civil Rights Act, which prevents business establishments from discriminating based on sexual orientation. For personal reasons, Carlson has since been replaced by Nate Cardin as the lead plaintiff, PC Magazine reports.
Judge Victoria Chaney of the California Superior Court in Los Angeles granted the motion for class certification this week. It will allow gay, lesbian and bisexual individuals who were denied service from eHarmony dating back to 2004 to join the case as a class participant. Individuals do not have to prove actual injury to obtain damages, just that they visited eHarmony and were denied service, PC Magazine reports.
"The details are yet to be determined but typically it's done by submitting an affidavit or a claim form," Konecky said.
To use eHarmony's service, users must fill out a lengthy "personality" test that assess their personalities and compatibility potential. It is not uncommon for select profiles -- including gay users -- to be refused service by the site after filling out the survey, Marketing Vox reports.
In 2007, rival dating site Match.com launched a new site, Chemistry.com, with an ad campaign that prominently featured such "rejects" of the eHarmony system.
In response to the announcement that eHarmony will soon compete with its services to gay and lesbian match-seekers, Chemistry.com released a statement yesterday promoting its service, saying its service has "has sparked serious relationships based on factors that transcend sexual orientation."
The statement criticized eHarmony founder and Focus on Family supporter Dr. Neil Clark Warren, highlighting a 2005 interview in which Warren claimed that "same-sex marriage is illegal in most states and we don't really want to participate in something that's illegal."
"It's a shame that Dr. Neil Clark Warren's sudden acceptance came at the forced hand of the legal system," said Thomas Enraght-Moony, CEO of Match.com and Chemistry.com. "Since its inception, Chemistry.com has lived by the mantra of 'Come as You Are,' an open-minded philosophy that permeates the brand and encourages anyone and everyone to find that indescribable feeling of falling in love."
Warren and eHarmony later claimed that the research on which their matches are based applies only to opposite-sex couples and couldn't be used to match same-sex couples. In its New Jersey settlement, eHarmony stipulated that it will present a warning to those using CompatiblePartners.net, stating that its matches are "solely based on research involving married heterosexual couples."
In the statement responding to eHarmony's announcement, a chief adviser to Chemistry.com said, "I'm absolutely positive that romantic love is exactly the same whether you happen to be straight or gay."
A lawyer in Utah told Salt Lake City TV station KSL that the New Jersey settlement could affect dating services in that state.
Although the settlement does not set any legal precedent, a legal expert in Utah told the station matchmaking sites there still could be affected.
"eHarmony is one of the largest and most established entities in the industry. Now, unfortunately, others will be forced, practically, to fall into line," said legal expert Chris Dexter.
Source: Calif. eHarmony Discrimination Case Proceeds as Class-Action | PC Magazine
eHarmony Preps Gay Dating Site After Settling Discrimination Suit | Marketing Vox
eHarmony settlement could mean changes for Utah dating Web sites | KSL
End to eHarmony Discrimination Forced by New Jersey Attorney General | PRNewswire (Chemistry.com press release)