WNYShooter Loc: WNY

NM Supreme Court Rules Photographers Violated Anti-Discrimination Law For Refusing To Take Pictures Of Gay Couple

August 22, 2013 1:41 PM

SANTA FE, N.M. (AP) — A commercial photography business owned by opponents of same-sex marriage violated New Mexico’s anti-discrimination law by refusing to take pictures of a gay couple’s commitment ceremony, the state’s highest court ruled Thursday.

In an unanimous decision, the state Supreme Court said the business’s refusal in 2006 to photograph the ceremony involving two women violated New Mexico’s Human Rights Act “in the same way as if it had refused to photograph a wedding between people of different races.”

The court’s ruling came after the Dona Ana County clerk on Wednesday began issuing marriage licenses to same-sex couples, although state law doesn’t explicitly prohibit or authorize gay marriage.

Elaine Huguenin, who owns Elane Photography with her husband and is the business’s principal photographer, refused to photography the ceremony because it violated her religious beliefs.

The court rejected arguments that the anti-discrimination law violated the photographer’s right to free speech and the free exercise of religious beliefs.

A lawyer for the business, Jordan Lorence of the Alliance Defending Freedom, sharply criticized the ruling and said an appeal to the U.S. Supreme Court is under consideration.

“Government-coerced expression is a feature of dictatorships that has no place in a free country,” Lorence said in a statement. “This decision is a blow to our client and every American’s right to live free.”

Justice Richard Bosson wrote that the business owners “have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different.”

“That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us a people,” Bosson wrote in an opinion concurring with the court’s ruling. “That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.”

The court said a business could declare in its advertising that it opposes same-sex marriage but it has to comply with the anti-discrimination law

Vanessa Wilcock and another woman found another photographer to shoot the ceremony but an anti-discrimination claim was filed with the state Human Rights Commission, which determined that Huguenin’s studio violated state law.

http://lasvegas.cbslocal.com/2013/08/22/nm-supreme-court-rules-photographers-violated-anti-discrimination-law-for-refusing-to-take-pictures-of-gay-couple/

flathead27ford Loc: Colorado, North of Greeley

UGH! I'm not against gays in any way, but just like a bar has the right to refuse serving someone, this photography company (or any company for that matter) should have the right to either accept a client or not. I think we are losing more and more of our rights in the U.S. I can't wait to see the storm brought on by these posts. :-) Cheers.

Robert Graybeal Loc: Myrtle Beach

Agreed, I always believed it was the right of any business to refuse service to someone.

eye2eye Loc: Chicago, Illinois

Now I consider myself somewhat of a photography whore. I'll shoot anything for the right price as long as it doesn't endanger me. But it was a gay wedding. They did't ask the photographer to film them having sex. The worst the photographer would have to endure is the bride and bride kissing a few times, not some big orgy or makeout session. Other than that, it's just like every other wedding. Just a bunch of family and friends gathered together for what they consider an important event to be shared with loved ones. All they had to do was say "tactfully" that they were booked that day if they didn't want to do the job. It's called common courtesy. Obviously, the photographer made it into a big deal when they gave the couple their reasons because otherwise HOW ELSE WOULD THEY KNOW THEY ARE BEING DISCRIMINATED AGAINST??

Maybe Elaine's husband was a little too eager to photograph it and she got mad. Guys seem to love lesbians.

Racin17 Loc: Western Pa

All i can say is wow!!!! Any minority group can scream racisim or discrimination for any reason. Is it right to discriminate no, but a person should have a right to choose what that want to do without having a lawsuit or some reverend condeming you for your choice.

cthahn

We are loosing our rights every day and the minorities want everything their way. Some day soon we will not even want to come out of our house without an attorney and doctor at our side telling what we can do or not do. Colored people have rules specifically for them, people from other countries come in and tell us to make changes just for them, specifically the muslims. We let every piece of garbage into this country and then feed them, give them housing, cell phones, and anything they want. We have nothing but incompetent idiots running this country who keep printing money for votes. Anyone who does not like what I write, tough. If you are younger than me, you time is coming and do not cry who you voted for.

Noela

Looks like if you run a business, you have to agree with your invisible partner to do anything. Slowly but surely, the government is taking over everything, and in the process, burying the Constitution. In this case, a private company chose not to do a service. They did not violate a contract, because they didn't have one. They did hurt somebody's feelings that didn't agree with their principles, so the offended ones filed suit, and the courts found for the hurt ones. This is not discrimination, this was, according to the information, a decision based on religious beliefs. Does this mean that religion based concerns are no longer to be considered in decisions by courts FOR ALL RELIGIONS? I doubt it, just another step into the abyss.

Ugly Jake Loc: Sub-Rural Vermont

That's just the point - the "offended ones" did NOT object - they simply found another photographer - the STATE filed suit.

lovesphotos Loc: Colorado and Arizona

What about those businesses that say, "no shirt, no sevice" ?
I think we are taking things a little too far for the purpose of not offending some people's delicate feelings.
Yeah, we are free, as long as you do what I say.
What I don't quite understand is, why the pissing and moaning? If somebody doesn't want to take your picture, go find someone else who does.
I thought the govenment wasn't in the business of legislating morality. I suppose you can force me to do something but you can't make me believe it.

DougW Loc: SoCal

The couple filed a complaint with the state.
Guess the photog should have told a fib and just told them they were " booked" up.

Noela

Let the tail wag the dog!!

Danilo Loc: Las Vegas

As a self-described photography whore, you are FREE to operate your business as you see fit, eye2eye. If Elaine didn't like the way the customer drove into the parking lot, that should be sufficient reason for her to turn down the business.

Justice Richard Bosson wrote that the business owners “have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different.”

The judge clearly states that Elaine must put aside her beliefs in deference to the beliefs of the customer. So...the customer's belief takes preference over hers? Why would that be?

Your last statement, eye2eye, begs for a comment it will not receive.

lovesphotos Loc: Colorado and Arizona

Justice Richard Bosson wrote that the business owners “have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different.”

Is this some sort of double talk?
So you are not allowed to be different, while "other Americans" are allowed.
Anybody checked the bottom left drawer of the judge's desk? I believe the bottle is there.

Noela

Some are more equal than others. Justice is no longer blind, it is seriously skewed. We need to get our country back.

GeneB Loc: Chattanooga Tennessee

You hnow, the thing is, you do not have to give a reason why you do not want to accept a client.