A Christian law firm will appeal a ruling by the New Mexico Human Rights Commission fining a photographer who refused to take photos of a homosexual commitment ceremony.Posted on 04/11/2008 8:26:38 AM PDT by NYer
A Christian law firm will appeal a ruling by the New Mexico Human Rights Commission fining a photographer who refused to take photos of a homosexual commitment ceremony.
Elaine Huguenin and her husband Jon, who co-own Elane Photography in Albuquerque, New Mexico, are both Christians. So when a lesbian couple asked them to photograph their "commitment ceremony" in Taos, the Huguenins politely refused. In response, Vanessa Willock filed a complaint with the New Mexico Human Rights Commission claiming the Huguenins discriminated against her because of her "sexual orientation." On Wednesday, the Commission found the Christian couple guilty of discrimination under state anti-discrimination laws and ordered them to pay more than $6,000 in costs.
Jordan Lorence with the Alliance Defense Fund (ADF) represented the Huguenins. He contends the lawsuit reflects an attitude among homosexual activists.
"This decision is a stunning disregard for religious liberty and First Amendment freedoms of people of faith, of Christians, and those who believe in traditional marriage defined as one man and one woman," says the attorney. "This shows the very disconcerting, authoritarian face of the homosexual activists, who are using these non-discrimination laws as weapons against Christians in the business world and Christians in their churches."
Lorence believes the Huguenins will win an appeal of the decision. But he warns this is how similar laws in 19 other states, and the proposed federal Employment Non-Discrimination Act, can be misused to silence biblical beliefs.
"There is a great threat to our religious liberties and our ability to speak out in favor of traditional marriage when these non-discrimination laws are interpreted in such a harsh way to censor Christians and others," he asserts.
Lorence said Americans do not surrender their freedoms of speech or religion just because they choose to open a business. He added that the Commission's decision is tantamount to the State of New Mexico forcing a vegetarian videographer to create a commercial for a butcher shop.
Do a search on “gay wedding photographers” - there are TONS listed. I would love to see some straight couples try to do business with them and see how they are treated. In some cases maybe okay, but I am sure some would treat them like dirt. I am sending $20 to Elane Photography. They have as much right to choose their clientele based on their beliefs as the gay photographers do. I can just hear the ruckus if anyone advertised as “straight wedding photographers”.
Answer (http://www.dws.state.nm.us/HR-Info.html):
The Human Rights Bureau is a neutral agency created to enforce the New Mexico Human Rights Act. The Bureau accepts and investigates claims of discrimination based on race, color, national origin, religion, ancestry, sex, age, physical and mental handicap, serious medical condition, disability, spousal affiliation, sexual orientation and gender identity in the areas of employment, housing, credit or public accommodation.
Q. What is the Human Rights Commission?
A. The Human Rights Commission is comprised of eleven citizens appointed by the governor to conduct hearings involving discrimination complaints. The eleven members volunteer their services and are not employees of the state. A commission hearing may be conducted by a single hearing officer or a three-member panel. The final decision in every case is made by a three-member panel either on cases the panel has heard or recommendations form the hearing officer.
Q. What may I be awarded if I win my case?
A. Under the Human Rights Act, the commission may award actual damages, e.g., back pay, front pay, compensatory damages and attorney’s fees.
Are you affected by the New Mexico Human Rights Act, and if so, how?
* If you are an employer in New Mexico with at least four (4) employees, your employer/employee relationships are likely to fall under the jurisdiction of the New Mexico Human Rights Act (there are some exceptions).
* In addition, if you run a business that offers its goods, services or facilities to the public, you are likely to fall under the “public accommodation” provision the New Mexico Human Rights Act, which prohibits discrimination in such places.
* If you sell, lease or rent housing facilities, you also may be subject to the “housing” provision of the Act.
If you are subject to the New Mexico Human Rights Act, it is your responsibility to learn how to be in compliance. The Human Rights Bureau is here to help if you have questions.
Compliance with the statute includes displaying an informational poster (available by mail from the Human Rights Bureau or by downloading the PDF file) in your place of business.
If you have a question about a compliance issue for which you would like the Bureau’s assistance, you may contact our office and ask to speak with an investigator. Your call and the details of your question will remain confidential.
If you would like to learn more about compliance with the Human Rights Act, please consider scheduling a training session conducted by our Bureau. A trainer will come to your place of business or other location convenient for you and give a presentation to your managers and/or regular staff. To discuss scheduling a training for your business, please call our office or use our online training request form.
3) Determination Process
* The Division Director will review the case and make a determination of Probable Cause or No Probable Cause.
* Probable Cause means that the Director believes that the law may have been broken.
* If you receive a Probable Cause determination from the Director both parties will be invited to conciliate the case.
* Conciliation, like mediation, is an opportunity for the parties to resolve the matter themselves with the help of a mediator without having to go to a Commission Hearing or to Court.
* If conciliation does not resolve the matter, then your case will be scheduled to be heard by the New Mexico Human Rights Commission.
* At this hearing you will have to prove your allegations of discrimination. The Commission does not see or review the investigative file.
* You can also request a Hearing Waiver within 60 days, which would allow you to file your case in State District or Federal District Court, rather than go before the Commission.
* No Probable Cause means the Director does not believe there was sufficient evidence to show the law was broken.
* If you get a No Probable Cause determination from the Director and your case is only filed with the New Mexico Human Rights Division, then you can file an appeal in State District Court in the county where the alleged discrimination occurred within 30 days from the date of service of the Determination.
* If your case is dual filed with the EEOC, then you can request a substantial weight review from the EEOC within 15 days of service of your Determination, or you can file an appeal with State District Court or Federal District Court, or you can also decide this is the end of your charge and not pursue it any further.
Are you just figuring out now that judges can rule by how they feel instead of the actual law? Ever hear of activist judges? The left figured out under the Clinton justice system that if you control the local and state courts while influencing the governor, you can have about an Federal policy you want and the local courts and police will enforce your will. Just like communists but at least the communists are up front about it and the only other difference is the communists use military while liberals use the courts and police.
This is very bad indeed and is happening with property righs and is now beginning to happen on a large scale.
I understand that. Harboring runaway slaves was also against THE LAW at one time. Just because it is the law has nothing to do with right and wrong, justice or injustice. Rules and laws are subject to interpretation, selective enforcement, and chosing to ignore or obey as one sometimes must see fit.
And hence why such anti-discrimination laws should be repealed. I hire blacks, gays or whatever because I care only about performance. But if a gay person tells me as a private business owner I must attend his gay wedding, I have a right to refuse. I live in Maine. The 54th of Maine led the attack on Fort Wagner with one of the first black regiments during the Civil War. Those who understand the right to be free and how to treat other human beings do not need legislation to tell us how to do this. Instead, promote education, not pass laws that force this on the population.
Civil disobedience on such laws will be the outcome, first non-violent, then armed. The Founder predicted such ad nauseum laws being passed someday and why the 2nd Ammendment is so very important.
“Do you have First Amendment rights to discriminate in a public business?”
What the hell is a “public business?” These are private companies, private businesses, owned by private citizens.
A lot of us, like me, were brought up to be tolerant, to have a live and let live, it’s a free country type of attitude, and I kept that well into adulthood. Besides, my family is so large, chances are there are at least one of everything somewhere amongst us. I would not dream of going out of my way to cause anyone any grief.
But I find myself being pushed by the intolerance of others—and it’s the very people who NEED tolerance who are doing the pushing.
Counter culture people don’t just want tolerance, they don’t just want equality, they want everyone, everywhere, forced into at least silent acquiescence. They want it mandated by law! They don’t care who they hurt, they don’t care what it costs, they don’t care how it forces others into situations that are untenable for society as a whole.
This annoys me. I find myself thinking badly of groups that I didn’t even care about, before. This lesbian couple is a great example.
I think it's different in this respect: the photographers didn't refuse to serve them because they were gay. If two lesbians came in and requested photographs of their rose garden, it would be like two black people, or two communists, or two Muslims who wanted photos of their garden. No problem.
The problem was was not the people who asked for the photos, but the activity they were asked to photograph: a commitment ceremony they believed to be illegitimate. That is more like communist wanting photographs of their pro-Castro rally, or Muslims wanting pictures of their 15-y-o daughter's arranged marriage with her 40 year old uncle. It was the "occasion" they found offenseive, and which they didn't want to be a part of.
Which is why I think the photographers will win their case.
Ultimately, though, I do believe that business people's right to freedom of enterprise should be respected. The state should not be able to require anybody to enter into a contract against his will.
A public business is one that conducts business with the public. Apparently, for the purposes of New Mexico, “...if you run a business that offers its goods, services or facilities to the public, you are likely to fall under the “public accommodation” provision the New Mexico Human Rights Act, which prohibits discrimination in such places.”
This one will go to the courts, and the lawyers can discuss the details. I oppose broadly written anti-discrimination laws because they end up being applied like this to often. My main point in posting was to ensure people understand that, regardless of their opinion, there are laws you have to work within when you run a business. Anyone who thinks they can run their business as though it IS their business is sadly delusional.
I was just down in Texas. The noticeable difference in positive attitude and how people look at things tells me they are still free indeed. Compare to NH where the Socialists moved in from MA. This is my home State but I moved to Maine. I prefer being openly taxed in the form of State income taxes then be be taxed by the courts and police in a Socialist model. Most of America is Socialist now, but I choose States to live where the Socialism is conducted openly then in stealth like in NH.
Not coincidentally, NH has had a population drain in the last couple of years. NH is running a new campaign using radio and T.V. to attract new people to the State. They don’t get it, stop the Socialism and people will move back to the Live Free or Die State. Reminds me of MA. Where are the Sons of Liberty? Sold out to Socialists. The irony of taxation without representation there is about on the same level of live free or die in NH. In four years the kids will be out of the house. I will research the last bastions of conservatism (if any still exist at that time) and move there. Eventually, I have a feeling I will live out of country where it may be more lawless, but I don’t go to jail if I don’t kill off home intruders with guns.
Now that we are a Socialist Society you begin to see the creeping effects of Fascism, where private business is allowed to operate but corrupt central planners dictate how a business can operate to such a degree it eliminates most profits, unless you are greasing the corrupt cental planner. This is how Russia and China operate. They are not nations I would choose to live in and as our country continues going fascist this nation is not one I will choose to live in either. I hope it does not continue down this path as I will lament the loss of America and what was. All empires change and some change is good, but this change to failed government has unhappy periods lasting decades for it’s population.
I’m sorry; we seem to have misread our appointment book. You will have to find another photographer for your affair.
I’ve been thinking about what you wrote, and you may have a valid point...can you force Christians to make a pornographic film, just because they make films?
Frankly, I’m a little bit afraid of what the answer might be!
No. I do understand what you are refering to but what I have a question about is that this is a COMMISSION, what force of law does this body have? Living here in NM, I know of it’s structures and I’ve never heard of this body.
This body has nothing to do with a NM court.
I wouldn’t have any misgivings about taking this approach in a courtroom setting. The simple fact is this: As a merchant, I will sell my goods and services to whomever I choose, at such time as I choose, under such circumstances as I choose. As long as my customer or client is in agreement, we have a deal.
In this particular case, the photographers should be free to make that same decision. If someone solicits their services, the photographers are not immediately beholden to those making the solicitation. No agreement exists just becasue someone decides they want that particular photographer. It takes a mutual agreement. There appears to be no mutual agreement in this case.
The reasoning of the photographer is not an issue, IMO. A simple, “No, I won’t take your photograph” will be sufficient. Personally, I wouldn’t even have a problem with “I don’t knowingly photograph homosexuals.”
This overly sensitive, society of victims that the Libs have been successful in creating is really beginning to chafe my scivvies. It’s time for people to stop playing a victim card everytime something doesn’t go just their way. It’s wearing very thin with a whole lot of us out here in the hinterlands...
I am guessing she has a lot of anger from past experiences of being made fun of and harassed throughout her life, and is taking it out on anyone who disagrees with her lesbian lifestyle.
I wish Vanessa's same sex partner (apparently listed here): http://www.whitepages.com/search/ReversePhone?full_phone=505-833-1832 good luck. People like Vanessa are good to have on your side when they are on your side, but if they ever turn against you, watch out...
Picture of Vanessa here (Thursday Class, bottom row, 2nd from left): http://www.unm.edu/%7Eacademy/fall03rev.html
Vanessa Willock's Instructor Profile ("EEO Compliance Representative") here: http://www.unm.edu/%7Ehrinfo/pages/instructors/willock.htm
Copy of the "Determination of Probable Cause" here: http://www.claytoncramer.com/WvEP_Ltr_NMDept_Health_Probable_Cause.pdf
A copy of the commission’s order in Willock v. Elane Photography is at http://www.telladf.org/UserDocs/ElaneRuling.pdf
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