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.
Yes, you are right. Parsing the law, skirting the intent, etc. is just playing the libs game. It is plainly dishonest, and that is exactly what we tend to rail against. Doing the same thing is not a solution. And, we will lose. We are not as good at this sort of dishonest discourse as they are.
Folks, this is EXACTLY what the Founding Fathers rebelled against. We are up against it. How long do we let this go on? It is not an issue of "losing the country." The country was lost years before most of us were born. This is more a matter of trying to salvage anything worth saving, if possible. How long do we continue to try?
“The judges ignore the rights of Christians to practice their faith as guaranteed by the Constitution.”
Actually this is a state court making a decision on state law. The US Constitution does not come into play.
The relevant text of the First Amendment to the US Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . . “. The Amendment only protects citizens from laws passed by the federal legislature (Congress), not the state legislature or state courts. At the time of the founding the states were sovereign entities and the Founders assumed the state law would govern the everyday lives of people within a state, not federal law. If state government became tyrannical, the founders assumed the people of the state would vote a new government into power.
Now that this case has gone through the New Mexico State Supreme Court, the proper remedy is the state legislature. Those who disagree with the interpretation of the law should organize and work through the legislature to get it changed. Christians outnumber gay activists so if they organize and pressure the legislature they should be able to effect a change in the law as well as have the judge removed. This is the way the system should work.
Here come the string of lawsuits that put normal people outta biz.
I worked with a guy who owned some six flats.
He explained his M.O..
ALWAYS show the unit to all comers but explain that he had a a previous offer and they would be next on the list.
He did not care what color they were but no trash.
He said one time he thought he was being ‘reviewed’, called them after a few days and never heard from them.
I agree. Lets exhaust all possible legal strategies. Unfortunately, there are very few “legislatures” with the moral fiber and bravery to do anything against these loud and nasty people. They are claiming the moral ground and we’re letting them do it.
I don’t find much hope in that direction but for those who have the gumption yes. In the meanwhile we are 2 touchdowns behind and have to keep going where we find ourselves and will have to craft practices that walk the line between living within the now unjust laws and staying straight with God.
I’ve had people whose business I did not want. Like one who worked for Planned Parenthood. I just never got back to her with a price quote. A person can also be given a price that’s way out of line or be told there’s a scheduling conflict.
Lesson learned? You have to game the system, lie and obfuscate, otherwise the benevolent government will make you do what it wants you to do. Can a professional photographer refuse to work a “gay” or Negro pornographic session? I would think not.
I’d just tell any poofters that I was busy that day or night.
This means that businesses no longer have the right to refuse business.
This means that we find out where the judges dine out at, then flood the place with every smelly hobo we can find.
Unless said bigot was selling klan or hitleresque stuff, I doubt (s)he’d be in business very long.
WE RESERVE THE RIGHT TO REFUSE SERVICE TO UGLY PEOPLE!
Beauty is after all in the eye of the beholder.
The divinely inspired statement you made in your post (see below) needs to be posted often! It so aptly describes the root cause of the matter.
___________________________________________
These people are angry for a good reason. They are excluded from the realm of decency and good morals and they know it. They are at war with God and they know it. They cannot convince themselves of this and they know it. The Lord is so good and He makes available to everyone no matter how situated, the means to salvation.
As mentioned in related threads, not only have the states amended the Constitution to expressly protect freedom of religious expression as evidenced by the 1st Amendment to the Constitution, but the states have never amended the Constitution to protect so-called gay rights.
So New Mexico is actually in violation of Section 1 of the 14th Amendment concerning this issue imo. Section 1 prohibits the states from making laws, like this pro-gay law, which abridge constitutionally enumerated freedoms like religious expression.
Note that I’ve lost track of related threads. So sorry if I’ve already posted in this thread.
Too bad, so sad,
GtG
The court has imposed a $7,000 fine. They should pay the fine, then announce they are moving out of state, and thus the state will lose future tax revenue from them.
They may further add that they are moving to Arizona, and will offer discounts to heterosexual New Mexico couples, but will no longer do business in the state of New Mexico.
They might even team up with other Christian oriented businesses to provide an upscale wedding venue, dresses, cakes, catering and accommodations. All with special discounts to New Mexico couples.
Overall costs to the state of New Mexico could be $100,000 a year in lost revenue.
This whole issue of “homosexuality” is to destroy Christianity and the Natural Family. It is unconstitutional to give this sick, unnatural behavior any legal authority or privilege. It is “radical egalitarianism”-—pure Marxism which removes Truth—Biology/Reason from Law (makes it unjust law which is unconstitutional) and destroys the ability for children to form a Christian Worldview-—and forces absurd “worldview of Satanism/Occult/Pagan/Muslim. Children absorb what they hear—the ideas are embedded with emotions.
Homosexual “anything” destroys and corrupts the minds of any children exposed to such unnatural, vile behaviors/ideas and creates “ways” to look at others which is absorbed-—which destroys Moral Development. They are too immature to understand such emotional issues so will warp perceptions.
They also prefer their own sex during Latency Period (6-14)—because it is how they learn about masculinity and femininity—about their OWN identities so they can appreciate themselves FIRST-—so that when they mature they can accept “the other” (true diversity). All children in Latency will be made to “THINK” they are homosexual when they are “NORMAL”. The fixation in Latency will actually create homosexuals and the inability to “Mature” and appreciate someone different. The herd instinct is strong in humans-—that accepting of “other” can be corrupted easily—as the Samurai/Spartan cultures prove-—it just takes exposing children to their lifestyle/activities.
It is why “Toxic” cultures (like the Weimar Republic) created such people who would not speak out against evil. They were people who had no character—no moral spine. It was conditioned out of them through Prussian “Group Think” institutions and “religionless” churches which didn’t preach Truth.
Making men and women into the “same” (Marxism) denies people of their unique identity—which includes their sexual identity which is intrinsic to identity and happiness and biological connection. IT dehumanizes people to erase sexuality—or make it unimportant by saying Lies-—like male and female are the same/interchangeable. It erases Truth/Natural Laws—basis of our Legal System. This discussion of “homosexuality” is to desensitize children and create little “thinkers” like they have in Afghanistan and Muslim countries where sex with boys is the preferred sexual activity. It will destroy Christian Ethics which is the ideology of our Constitution.
It is so very plain to see if you have had an intense understanding of child psychology that I have had for decades in raising four boys and a girl—taking classes on child development for decades—and volunteering to work in my children’s schools all my life—since I was a stay-at-home Mom. I understand children—I understand operant conditioning. I understand the Hegelian Dialectic which has been in operation for over a hundred years to destroy Christianity and the Natural Family-—which will destroy Virtue and collapse culture.
Same thing, different sin...
OK. Let’s see what happens when a ‘religion of peace’ business refuses to serve a normal customer.
What about disneyworld having ‘religion of peace’ day? Only jihadi allowed. No normal people?
If GuvCo can force us to buy obamacare, it can certainly force us to violate our religious views to support someone else's view under the banners of commerce and taxes.
Commerce, taxes and control, not necessarily in that order, trump everything.
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