Oral arguments began yesterday at the New Mexico Supreme Court in a case involving an Albuquerque photographer forced to pay more than $6,600 for declining to take pictures of a same-sex commitment ceremony because of her Christian beliefs.
Elaine Huguenin runs Elane Photography with her husband, Jonathan. In 2006, she refused Vanessa Willock’s request to photograph a same-sex ceremony involving Willock and another woman. New Mexico has not created laws or regulation for same-sex marriage or same-sex civil unions.
Though Willock found another photographer, she filed a complaint with the state Human Rights Commission. In April 2008, the commission ordered Huguenin to pay $6,637.94 to Willock for engaging in “sexual orientation” discrimination prohibited by state law. Even though most businesses have the right to refuse service without giving a reason.
“Americans in the marketplace should not be targets for legal attacks simply because they abide by their own values and beliefs,” said Jordan Lorence, senior counsel for Alliance Defending Freedom (ADF), representing the photography business. “We trust the New Mexico Supreme Court will agree because the government should not be allowed to force a photographer to promote a message that violates her conscience. The Constitution clearly prohibits the state from forcing unwilling artists to advance a message with which they disagree.”
In June 2008, ADF appealed the commission’s decision, which Lorence said, “demonstrated stunning disregard for our client’s First Amendment’s rights.” The district court, however, sided with the commission.
In 2012, and appeals court also concluded that Elane Photography violated state law. The New Mexico Supreme Court then agreed to review the case.
“I am hopeful that the New Mexico Supreme Court will reverse the poorly reasoned decision of the lower court and vindicate the religious freedom rights of Ms. Huguenin and all citizens of that state,” said CitizenLink Judicial Analyst Bruce Hausknecht. “Even if the state’s highest court continues this logic-defying persecution of people of faith with another bad decision, there are First Amendment rights involved that would allow the case to be appealed to the U.S. Supreme Court. The battle for religious freedom never ends, and we have to persevere in fighting for what’s right.”
Article taken from Bethany Monk at Citizen Link.
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