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NM Supreme Court: Christian Photographers Can't Refuse Gay Weddings
Christian Post ^ | 08/24/2013 | Napp Nazworth

Posted on 08/25/2013 7:47:02 AM PDT by SeekAndFind

In New Mexico, professional photographers may not refuse to work at gay weddings, that state's Supreme Court decided Thursday.

When Elane Photography refused to work for Vanessa Willock at her same-sex wedding, the Court said, it violated the New Mexico Human Rights Act, which prohibits discrimination in public accommodations based upon sexual orientation.

"First, we conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples," Justice Edward Chavez wrote for the majority.

Chavez also wrote that refusing to work at a same-sex wedding is equivalent to refusing to work at a mixed-race wedding: "Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races."

Elane Photography is not protected by their rights to freely exercise their religion, which are protected by the U.S. Constitution, because the NMHRA is a "neutral law of general applicability," the Court said. This means that the law does not target a specific religious group when it restricts Elane Photography's religious freedom.

In the proceedings, Elane Photography argued that it did not discriminate based upon sexual orientation because it would have photographed same-sex couples in other contexts. It was only the conveyance of a same-sex marriage in the company's photos that conflicted with the owner's religious beliefs.

In a concurring opinion, Justice Richard Bosson said that Elane Photography must be forced to violate their religious beliefs because of "the tolerance that lubricates the varied moving parts of us as a people. ... it is the price of citizenship."

"The idea that free people can be 'compelled by law to compromise the very religious beliefs that inspire their lives' as the 'price of citizenship' is a chilling and unprecedented attack on freedom," said Jordan Lorence, senior counsel for Alliance Defending Freedom and one of the lawyers for Elane Photography. "Americans are now on notice that the price of doing business is their freedom. We are considering our next steps, including asking the U.S. Supreme Court to right this wrong."

In a Rasmussen Reports poll of 1,000 adults conducted last month, 85 percent of respondents said that a Christian wedding photographer should be able to turn down work for a same-sex wedding.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: New Mexico
KEYWORDS: christian; gaymarriage; homosexuality; newmexico
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1 posted on 08/25/2013 7:47:02 AM PDT by SeekAndFind
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To: SeekAndFind

I’d stop advertizing and just pick up work by word of mouth. If anybody asks, its just a hobby.


2 posted on 08/25/2013 7:50:14 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: SeekAndFind

Fine.
They could always just take completely crappy pictures.

“Here you go, fags. Here are your out of focus poorly composed pictures. Enjoy your AIDS.”


3 posted on 08/25/2013 7:52:10 AM PDT by humblegunner
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To: SeekAndFind

So, as a private business, I have to accept all paying customers? What if someone wanted me to shoot a video of their honeymoon night in their hotel room? Would I have the right to refuse? Where does it stop?


4 posted on 08/25/2013 7:52:12 AM PDT by Real Cynic No More (Border Fence Obamacare!)
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To: SeekAndFind

The judges ignore the rights of Christians to practice their faith as guaranteed by the Constitution.


5 posted on 08/25/2013 7:52:44 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: SeekAndFind

I think we delude ourselves if we believe that the churches themselves will not be sued over refusal of same sex weddings.


6 posted on 08/25/2013 7:52:56 AM PDT by johniegrad
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To: cripplecreek
He11, I'd shoot the event, just get loaded and walk around shooting pics with the lens cap on.
7 posted on 08/25/2013 7:53:07 AM PDT by skimbell
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To: SeekAndFind

I’d go out of business.....not photographing any biological abberations.


8 posted on 08/25/2013 7:54:48 AM PDT by high info voter
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To: Louis Foxwell

There is no Constitutional protection against discrimination. There is case law but it is not Constutionally established.


9 posted on 08/25/2013 7:55:13 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: SeekAndFind

As I suggested on the other thread on this topic....

perhaps we can get the Westboro..”baptist church” to try to hire a “gay couple.’...for some reason or another and wee what transpires ??


10 posted on 08/25/2013 7:55:23 AM PDT by MeshugeMikey (Block Captain..Tyranny Response Team / al-Kilab Division)
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To: Real Cynic No More
Obviously not. If you have a business open to the public then your business is considered a "public accommodation". You can deny service to anyone except for reasons that are mentioned in specific legislation, i.e. race, nationality, sex, etc.

That list of reasons was recently expanded to include "sexual orientation", but it was not expanded to include people currently engaged in sexual intercourse.

11 posted on 08/25/2013 7:55:28 AM PDT by who_would_fardels_bear
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To: skimbell

there you go, it does not say how well have you to do it.


12 posted on 08/25/2013 7:55:40 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: SeekAndFind

Close up shop, and move to another state.


13 posted on 08/25/2013 7:56:45 AM PDT by FrankR (They will become our ultimate masters the day we surrender the 2nd Amendment.)
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To: SeekAndFind

So, have photographers turned down jobs for other reasons or are they always required to always take the job form any person walking through the door with a check that doesn’t bounce?


14 posted on 08/25/2013 7:57:31 AM PDT by Dutch Boy
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To: SeekAndFind
"When Elane Photography refused to work for Vanessa Willock at her same-sex wedding, the Court said, it violated the New Mexico Human Rights Act, which prohibits discrimination in public accommodations based upon sexual orientation. "

ummmm... isn't this a PRIVATE business?

And what morons would want to FORCE someone to work for them? I would not expect the best work.

15 posted on 08/25/2013 7:59:05 AM PDT by Mr. K (Lies, Damned Lies, Statistics, and then Democrat Talking Points.)
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To: SeekAndFind

just say you can’t fit it in to your schedule.....


16 posted on 08/25/2013 8:00:53 AM PDT by yldstrk (My heroes have always been cowboys)
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To: SeekAndFind

this is just another example of forcing ppl to engage in a business transaction that they otherwise don’t want. Theres no free association


17 posted on 08/25/2013 8:01:23 AM PDT by 4rcane
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To: johniegrad
I think we delude ourselves if we believe that the churches themselves will not be sued over refusal of same sex weddings.

Absolutely!

Liberals will point to their "tax-free status" (which is a subsidy from the gov't) as the reason a church cannot discriminate.

Just wait.

18 posted on 08/25/2013 8:02:15 AM PDT by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
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To: FrankR

RE: Close up shop, and move to another state.

Wherever you go in this country, the Courts are there.


19 posted on 08/25/2013 8:03:10 AM PDT by SeekAndFind
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To: SeekAndFind

Yeah right. Fuc# you! I have a cold.


20 posted on 08/25/2013 8:03:27 AM PDT by eyedigress ((zOld storm chaser from the west)/ ?s)
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