Posts tagged with: New Mexico Supreme Court

article-photo-Elaine“This ruling is more in the spirit of Nero Caesar than in the spirit of Thomas Jefferson,” said Russell D. Moore. “This is damaging not only to the conscience rights of Christians, but to all citizens.”

Moore, the president of the Ethics & Religious Liberty Commission, was responding to the U.S. Supreme Court’s refusal to rule on a case involving Elane Photography and its owners Jonathan and Elaine Huguenin. According to the Alliance Defending Freedom (ADF), Elaine received an email in 2006 asking her to photograph a “commitment ceremony” between Vanessa Willock and her same-sex partner. Willock asked if Elaine would be “open to helping us celebrate our day . . . .” Elaine politely declined to use her artistic talents to express a celebratory message at odds with her deep convictions. (Elaine had previously declined requests from others for things such as nude maternity photos.)

Willock, a licensed attorney who has served in various paid “diversity” positions, filed a complaint with the New Mexico Human Rights Commission. After a one-day administrative trial in 2008, the commission ruled against the Huguenins and ordered them to pay $6,637.94 in attorneys’ fees. The case made its way through the state court system, with the New Mexico Supreme Court ultimately affirming the commission’s coercive decision. In an ominous concurring opinion, one justice wrote that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” adding “it is the price of citizenship.”

ADF attorneys representing the Huguenins are presenting only one claim to the U.S. Supreme Court—that the punishment of Elane Photography violates the constitutionally protected freedom “not to speak,” known as the compelled speech doctrine.

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The New Mexico Supreme Court, in a ruling regarding a Christian photographer who declined to photograph the commitment ceremony of a same-sex couple, stated that this violated the state’s Human Rights Act.

gay-marriage-cake-toppers-485x320In 2006, Elane Huguenin, a professional photographer, was asked to photograph the ceremony of a lesbian couple. Huguenin declined, citing her religious beliefs, and subsequently had a complaint filed against her with the New Mexico Human Rights Commission. She was found guilty of discrimination and fined. Justice Richard Bosson, in the court’s unanimous decision wrote:

The Huguenins today can no more turn away customers on the basis of their sexual orientation – photographing a same-sex marriage ceremony – than they could refuse to photograph African-Americans or Muslims…

At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others,” he wrote.

He said the Constitution protects the rights of the Christian photographers to pray to the God of their choice and following religious teachings, but offered a sobering warning.

“But there is a price, one that we all have to pay somewhere in our civic life,” the justice wrote. “The Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people.”

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