California Court Allows Gay Saudi Couple's Suit Against Lufthansa to Continue
A federal judge ruled that a gay couple living in Saudi Arabia can pursue claims against Lufthansa for publicly revealing their marriage, applying California law to the dispute.
John Doe and Robert Roe, a married gay couple who have lived discreetly in Riyadh for decades, sued Deutsche Lufthansa AG after a senior employee allegedly announced their marriage to Saudi officials at the airport. The plaintiffs contend that the disclosure exposed them to severe risk under Saudi law, which criminalizes homosexuality. In a recent decision, Judge Susan Illston applied California law, citing the state’s strong public-policy exception to the comity doctrine, and allowed the public-disclosure tort claim to move forward.
The court also found sufficient pleading for intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract under GDPR, and related claims. Lufthansa’s arguments that the marriage is a matter of public record and that the employee’s speech is protected were deemed without merit. Donald Putterman of Putterman | Yu | Wang LLP represents the couple.
Why it matters
The ruling lets a gay couple seek redress for privacy violations that could endanger them under Saudi law.
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