There are some elements which may cause it to be a federal case; the 5th and 14th Amendments come to mind as possibly being violated, but certainly the 13th Amendment.
The state's supreme court was wrong — not just because their decision is morally reprehensible, but because it is contrary to the State's own Constitution:
Art II, Sec. 11. [Freedom of religion.]
Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship.
The bold portion is relevant because it is common for sexual acts to be a form of religious worship (See Hindu, or even Christian [portion of the Anglican wedding vows: With this Ring I thee wed, with my body I thee worship, and with all my worldly goods I thee endow: In the name of the Father, and of the Son, and of the Holy Ghost. Amen.
]).
For the same reason is it a violation of the italicized portion.
Even disregarding the first two issues, the underlined is inescapable: to force one to sell [their services] is to deny them the civil right of determining with whom they wish to do business.
Therefore, the New Mexico supreme court is in rebellion to the very document which gives it authority.
The 14th Amendment reads as follows:
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
Now, the photographer is being forced to provide services involuntarily: that is the essence of involuntary servitude,
Unfortunately, if those who could act, refuse to do so, this abomination, like so many others Obama, et al have committed, will stand and each and every American citizen will be short changed forever.
Yes, it is.
Did you SEE those pictures?
They are HORRIBLE!
We'll NEVER recommend that guy to ANY of OUR friends!
One must, at some times, lose a battle or two to win the war.
Dear OneWingedShark,
Well done!
Yes, the state constitution protect their right to refuse service because of their religious beliefs — thanks for pointing that out. The state court obviously has no regard for their own law and someone should look into how those judges can be impeached.