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Weighing Free Speech in Refusal to Photograph Lesbian Couple’s Ceremony
New York Times ^ | November 18, 2013 | ADAM LIPTAK

Posted on 11/24/2013 5:08:56 AM PST by reaganaut1

WASHINGTON — A New Mexico law forbids businesses open to the public to discriminate against gay people. Elaine Huguenin, a photographer, says she has no problem with that — so long as it does not force her to say something she does not believe.

In asking the Supreme Court to hear her challenge to the law, Ms. Huguenin said that she would “gladly serve gays and lesbians — by, for example, providing them with portrait photography,” but that she did not want to tell the stories of same-sex weddings. To make her celebrate something her religion tells her is wrong, she said, would hijack her right to free speech.

So she turned down a request from a lesbian couple, Vanessa Willock and Misti Collinsworth, to document their commitment ceremony. The women, who hired another photographer, filed a discrimination complaint against Ms. Huguenin’s studio, Elane Photography. So far, the studio has lost in the courts.

There are constitutional values on both sides of the case: the couple’s right to equal treatment and Ms. Huguenin’s right to free speech. I asked Louise Melling, a lawyer at the American Civil Liberties Union, which has a distinguished history of championing free speech, how the group had evaluated the case.

Ms. Melling said the evaluation had required difficult choices. Photography is expression protected by the Constitution, she said, and Ms. Huguenin acted from “heartfelt convictions.”

But the equal treatment of gay couples is more important than the free speech rights of commercial photographers, she said, explaining why the A.C.L.U. filed a brief in the New Mexico Supreme Court supporting the couple.

“This is a business,” Ms. Melling said. “At the end of the day, it sells services for photographing weddings. This is like putting up a sign that says ‘Heterosexual Couples Only.’ ”

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society
KEYWORDS: gaymarriage; homosexualagenda; huguenin
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Elaine Huguenin should not be forced to celebrate what she disapproves of, and I am sick of the homosexuals trying to bully her into doing so. In other threads, some Freepers have suggested that in such situations the photographer should accept the job but do it poorly, but many people feel that once they accept a job, they have a duty to do it well.
1 posted on 11/24/2013 5:08:56 AM PST by reaganaut1
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To: reaganaut1

Freedom of Speech was intended to be “weighed”.


2 posted on 11/24/2013 5:12:43 AM PST by albie
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To: reaganaut1

Gay people feel the need to bully back after years of bullying in school. Of course the silly savages don’t have the stones to do it without a lawyer and fag politicians to instigate.

Had they stood up to bullies as kids, perhaps they would be normal today.


3 posted on 11/24/2013 5:17:23 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: reaganaut1
“This is a business,” Ms. Melling said. “At the end of the day, it sells services for photographing weddings. This is like putting up a sign that says ‘Heterosexual Couples Only.’

That's the way private business should be if they wish. What is to stop us from forcing landscape painters to paint portraits? Can I go to McDonald's and demand pizza?
4 posted on 11/24/2013 5:17:51 AM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: albie

So if you own a business you loose your right to choose who you want to service? Even more hillarious is the gay agenda is fighting for marriage and the obama regime is offering them higher premiums than if they were single.


5 posted on 11/24/2013 5:18:22 AM PST by ronnie raygun
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To: reaganaut1

just do the photography service but catch the ugliest images


6 posted on 11/24/2013 5:18:28 AM PST by yldstrk (My heroes have always been cowboys)
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Whatever happened to, “No shirt, no shoes, no service...?”


7 posted on 11/24/2013 5:24:40 AM PST by OCMike
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To: albie

And what about Freedom of association.


8 posted on 11/24/2013 5:25:47 AM PST by JaguarXKE (1973: Reporters investigate All the President's Men. 2013: Reporters ARE all the President's men)
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To: cripplecreek

“This is a business,” Ms. Melling said. “At the end of the day, it sells services for photographing weddings. This is like putting up a sign that says ‘Heterosexual Couples Only.’

That’s the way private business should be if they wish. What is to stop us from forcing landscape painters to paint portraits? Can I go to McDonald’s and demand pizza?


What’s to stop us from forcing newspapers from writing the stories we want?


9 posted on 11/24/2013 5:27:58 AM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: reaganaut1

In America, you only lose you’re rights if your work for a living; well, except whether or not you work, you have to buy Obamacare. And, in America, the government monitors all of your conversations and financial transactions.

FORWARD!


10 posted on 11/24/2013 5:28:05 AM PST by Redmen4ever
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To: reaganaut1

“accept the job but do it poorly”

The 2 depraved women desire to have the photographer use her artistic talent to ‘celebrate’ their confusion of natural law, and by default, give her approval to such. The photographer could use her talent to not “do the job poorly”, but to express her POV by photographing them in a negative context, through camera angles, editing, picking their nose, etc. The photo shoot could be used as an opportunity to express her views of sodomite behavior. Then again, the whole situation is classic libtard in your face “you are GOING to support this depravity or else”.


11 posted on 11/24/2013 5:29:12 AM PST by Carthego delenda est
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To: OCMike

Regarding “no shirt, no shoes, no service,” the government decides what is and what is not permissible for you to discriminate. Right now, the government is allowing you to discriminate on the basis of shirts and shoes. You should be thankful.


12 posted on 11/24/2013 5:30:37 AM PST by Redmen4ever
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To: JaguarXKE
And what about Freedom of association.

I am forever bringing that up but not many others do. It's almost like it's the forgotten right.

13 posted on 11/24/2013 5:31:45 AM PST by PistolPaknMama
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To: reaganaut1

14 posted on 11/24/2013 5:33:10 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: reaganaut1
So she turned down a request from a lesbian couple, Vanessa Willock and Misti Collinsworth, to document their commitment ceremony.

The photographer turned down the job to photograph the "homosexual activists!" It is pure and simple that these two homos who most likely promote "equality" were intent on having a Christian photographer bow to their homo god!

15 posted on 11/24/2013 5:34:29 AM PST by missnry (The truth will set you free ... and drive liberals crazy!)
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To: Carthego delenda est
The good news is that this type of social insanity is self-correcting.

The bad news is how it self-corrects.

Link to the full-text Free Republic thread.


16 posted on 11/24/2013 5:35:06 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: reaganaut1

What if it were a black photographer not wanting to shoot a KKK wedding?


17 posted on 11/24/2013 5:40:25 AM PST by umgud (2A can't survive dem majorities)
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To: albie

Freedom of Speech was intended to be “weighed”.

…I forgot to put “never”.


18 posted on 11/24/2013 5:44:10 AM PST by albie
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To: JaguarXKE

“never intended to be weighed”. Big word to forget.


19 posted on 11/24/2013 5:45:13 AM PST by albie
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To: umgud

what if they hired a Muslim cook to make Pork chops for the wedding dinner?
Myself, I wouldn’t want to hire anyone who were forced to do the job. Seems like the people would be less than happy and do a piss poor job.


20 posted on 11/24/2013 5:49:22 AM PST by Yorlik803 ( Church/Caboose in 2016)
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