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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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To: SeekAndFind

Simple solution, more than one way to skin a cat. Require full cash in advance and take the worst possible pix. Next time the queers will not force you.


41 posted on 08/25/2013 8:42:29 AM PDT by X-spurt (CRUZ missle - armed and ready.)
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To: cripplecreek

I’d ask for the date, and tell them I was already booked for that day.


42 posted on 08/25/2013 8:44:11 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: SeekAndFind

Not just a bigot — anyone should be able to refuse service to anyone. Let the marketplace prevail.

If I were these photographers I’d call in sick the day of the event. Screw that judge!!


43 posted on 08/25/2013 8:47:51 AM PDT by szweig (HYHEY!! (Have You Had Enough Yet))
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To: SeekAndFind
"Here’s a theoretical question ... should a bigot be free to refuse service to anyone based on race or ethnicity?"

No.

Many Freepers get this wrong. The Bible is clear on this. It's Godly to treat others equally when it's something they are born with. Examples: It's also Godly to have righteous discrimination against bad or unhealthy behaviors. So, any business who wants to be Godly and legal must make business rules based on disallowed behaviors. Like: Then there's the "flip side" to this argument. "But we were born this way". Even if that were true (uh huh), marriage is a choice. Holding hands in public is a choice. Choosing a partner is a choice.

What the photographers should have said was, "We didn't accept their business because our policy says we don't allow the photographing of men kissing men, women kissing women, men or women kissing animals, or any acts of a sexual nature."

That would have set them in the clear right there. You're not discriminating against the people. You're discriminating against the ACT. And now you can claim hardship when courts ask why you have the policy. You say, "Our customers are traditional and if word got out we were photographing devious filthy behavior we'd go out of business. These acts are considered by our staff to be pornography. Even though pornography is legal, we choose not to partake in it."

They have a choice to display their "love" for each other. You have a right to tell them to pound sand.
44 posted on 08/25/2013 8:49:29 AM PDT by Up Yours Marxists
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To: SeekAndFind

Go take the pictures, and throw up at the wedding. It would make me violently sick.


45 posted on 08/25/2013 8:53:07 AM PDT by pallis
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To: SeekAndFind

Go take the pictures, and throw up at the wedding. It would make me violently sick.


46 posted on 08/25/2013 8:53:08 AM PDT by pallis
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To: SeekAndFind

Just don’t show up. Take crappy pictures. Charge exorbitant fees. Demand the cash up front. Lots of ways.


47 posted on 08/25/2013 8:57:49 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: SeekAndFind

“Sorry! I left the lens cap on.”


48 posted on 08/25/2013 9:00:52 AM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: SeekAndFind

Just say you have other plans and you cannot help them. Nothing else needs to be said,


49 posted on 08/25/2013 9:02:21 AM PDT by rawhide
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To: Real Cynic No More
What if somebody wanted you to create a photo essay on their "Happy Birthday Adolph Hitler" parade?

Or their Muslim "Behead the Gays" Rally?

This is so obviously not "discrimination" against gays as individual customers. I am sure they could go through their files --- assuming they don't "just" do weddings --- and find lots of gay customers they happily photographed for school graduations and other occasions.

They are not discriminating against a class of customers. They are choosing what kind of events they will or will not provide a service for. It involves a contract, does it not? Can the State really coerce entering into a contract?

50 posted on 08/25/2013 9:03:20 AM PDT by Mrs. Don-o ("No one on earth has any other way left but -- upward." - Alexander Solzhenitsyn)
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To: SeekAndFind

Yes, yes, absolutely yes... And he is free to reap the consequences of his business decisions


51 posted on 08/25/2013 9:05:00 AM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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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.

We are 15-20 years tops from jailing Evangelical ministers and Catholic Priests for their refusal to preside over these abominations.

52 posted on 08/25/2013 9:07:42 AM PDT by Last Dakotan
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To: SeekAndFind

so... violate your religious beliefs or go out of business

gee, sounds like the fedgov and stategov is doing everything they can to help homo businesses... including taking out the competition


53 posted on 08/25/2013 9:07:57 AM PDT by sten (fighting tyranny never goes out of style)
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To: mkleesma

“Ok, then they should just do a REALLY crappy job (blurry, out of focus images, etc), and charge them up the wazoo.”

Nah, the fags would be back in court faster than you can say “dildoe.” This needs to go to the SCOTUS. If they fail to honor the Constitution ( which sadly is a distinct possibility now that we have three Marxist women on the court) then it will be time enough for “independent business actions.”


54 posted on 08/25/2013 9:09:40 AM PDT by vette6387
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To: Last Dakotan

“We are 15-20 years tops from jailing Evangelical ministers and Catholic Priests for their refusal to preside over these abominations.”

I think it might be sooner than that. Remember, obambi only has three years left...


55 posted on 08/25/2013 9:15:24 AM PDT by LaRueLaDue
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To: SeekAndFind

If that’s the case then I would just refuse to work.The Court cannot force you to work.Thats slavery.


56 posted on 08/25/2013 9:18:27 AM PDT by puppypusher (The World is going to the dogs.)
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To: Mrs. Don-o

Good morning Mrs. Dono that is a great question and seems to have been answered by this moreso every day lawless govt. Which brings me back to my point I’ve been trying to make and that is we can’t depend on them anymore. We should keep going at it on that front too, yes as citizens with a constitution (largely ignored or deformed to obtain results conforming with a desired outcome by popular vote) we do have that right. Sadly as we all are seeing and, getting a sinking feeling now, that road is now inaccessible to us as faithful Christians who just wanting to live the gospel, so what else can we do? We are on our own now I’m afraid or very close to it in regards to our so called representative government.

So let’s see,

Every Christian photographer be ordained in a 3rd Oder ministry? Ha ha Seriously as funny as that sounds, I actually thunk that up this morning. This is so distressing. Definitely praying for Elaine’s Photography down there in NM. New ground, old ground these aren’t really new problems for us. The bible and history shows us what God’s people should do. Jut gonna be really really really tough for those poor soiuls just trying to make a living for their family in this short brutish life until we meet the King


57 posted on 08/25/2013 9:21:27 AM PDT by SaintDismas
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To: SeekAndFind

I notice that a hospital in Florida won’t hire smokers.

I’d like to see a photographer refuse to do any work for smokers. I’ll bet they would be upheld by the courts.


58 posted on 08/25/2013 9:21:38 AM PDT by Arthur McGowan (If you're FOR sticking scissors in a female's neck and sucking out her brains, you are PRO-WOMAN!)
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To: Mr. K
And what morons would want to FORCE someone to work for them? I would not expect the best work.

The very same morons that expect your personal physician to work for next to nothing.

You get what you pay for.

59 posted on 08/25/2013 9:21:48 AM PDT by DUMBGRUNT
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To: SeekAndFind
should a bigot be free to refuse service to anyone based on race or ethnicity?

YES. It would be a dumb thing to do, since a black person's money is as good as a white person's money and vice-versa. And I don't think too many businesses would do it, since they're out to make a buck. But if a private business owner wants to refuse service to green-eyed, left-handed midgets of the astrological sign of Aquarius, he should be able to do so, in a free country. Then another business will open nearby and advertise that they welcome green-eyed, left-handed midget Aquarians and then they'll steal business away from the first guy.

If we can't do that, then we are not a free country.

60 posted on 08/25/2013 9:21:49 AM PDT by Nea Wood (When life gets too hard to stand, kneel.)
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