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ADF to appeal N.M. commission’s ruling against Christian photographer
Alliance Defense Fund ^ | April 11, 2008

Posted on 04/12/2008 4:34:14 AM PDT by Man50D

ROSWELL, N.M. — Attorneys with the Alliance Defense Fund say they will appeal a ruling by the New Mexico Civil Rights Commission Wednesday because of its “stunning disregard” for the First Amendment. The commission found an Albuquerque photography company, run by a Christian husband and wife, guilty of “sexual orientation” discrimination under state antidiscrimination laws for declining to photograph a same-sex “commitment ceremony.”

“Christians in the marketplace should not be penalized for abiding by their beliefs anymore than anyone else should,” said ADF Senior Counsel Jordan Lorence. “The Constitution prohibits the state from forcing unwilling people to promote a message they disagree with and thereby violate their conscience. The commission’s decision shows stunning disregard for our client’s First Amendment rights, and we will appeal this ruling in state court.”

A same-sex couple asked Elaine Huguenin, co-owner with her husband, Jon Huguenin, of Elane Photography in Albuquerque, to photograph a “commitment ceremony” that the two women wanted to hold in Taos. Neither marriage nor civil unions are legal between members of the same sex in New Mexico.

Elaine Huguenin declined because her and her husband’s Christian beliefs are in conflict with the message communicated by the ceremony. The same-sex couple filed a complaint with the New Mexico Human Rights Commission, accusing Elane Photography of discrimination based on sexual orientation. The commission held a one-day trial in January (www.telladf.org/news/story.aspx?cid=4369).

Wednesday the commission issued an order finding that Elane Photography engaged in “sexual orientation” discrimination prohibited under state law and ordered it to pay $6,637.94 in attorneys’ fees to the two women who filed the complaint.

“The government cannot make people choose between their faith and their livelihood,” said Lorence. “Could the government force a vegetarian videographer to create a commercial for the new butcher shop in town? American business owners do not surrender their constitutional rights at the marketplace gate.”


TOPICS: News/Current Events
KEYWORDS:

1 posted on 04/12/2008 4:34:14 AM PDT by Man50D
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To: Man50D

A business owner can’t decline a job?


2 posted on 04/12/2008 4:43:05 AM PDT by csvset
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To: Man50D

Note that these “Civil Rights” and “Human Rights” Commissions popping up all over our country are NOT courts, there is no due process of law here. The commissions are made up of non-elected appointees and exercise unconstitutional power to penalize people for “hate” crimes. Someone can be dragged before these commissions without having to be formally arrested, Mirandized or charged, based on simply a complaint from anyone. This has been happening in UK and Canada, and now it’s here. It’s called totalitarianism.


3 posted on 04/12/2008 4:51:21 AM PDT by baa39
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To: Man50D

Whatever happened to the idea “we reserve the right to refuse service to anyone?”


4 posted on 04/12/2008 4:57:52 AM PDT by pnh102
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To: Man50D

All the blue states are communist and the red states are becoming victims of the much more aggressive communist hostile takeover of their states.
Fascists are very strong, active and aggressive and march goose step lock armed, but conservatives usually do not band together until the rubber meets the road.


5 posted on 04/12/2008 5:00:46 AM PDT by kindred (I am now a third party conservative, GOP be damned.)
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To: baa39

[It’s called totalitarianism.]

Communism is being forced onto America and only Americans do not know it as they are brainwashed.


6 posted on 04/12/2008 5:02:30 AM PDT by kindred (I am now a third party conservative, GOP be damned.)
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To: csvset

Perhaps our most basic freedom is freedom of association. Once the government tells us whom we must have relationships with...business or private, our most basic freedom is gone.

I think the Consitution may have twenty years left. Beyond that...?


7 posted on 04/12/2008 5:06:30 AM PDT by kjo
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To: Man50D

Under what constitutional authority does any “Civil Rights Commission” operate under???

This needs to be nipped in the bud hard.


8 posted on 04/12/2008 5:18:52 AM PDT by DB
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To: csvset

The lid to this particular Pandora’s Box was opened in the 1960s with Civil Rights laws that pretty much made it a federal crime to refuse service to blacks. The homosexual agenda is adopting these tactics to try and get the same result for themselves.


9 posted on 04/12/2008 5:20:24 AM PDT by Virginia Ridgerunner ("We must not forget that there is a war on and our troops are in the thick of it!"--Duncan Hunter)
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To: kjo
The homosexual/Commie as brigades are especially nasty as well as litigious. Notice that the ones to make out here are some shyster lawyers.

Seinfeld captured the homo/Commie mindset well in the episode regarding the AIDS ribbon.

Walker 1: Hey, where's your ribbon?
Kramer: Oh, I don't wear the ribbon.
Walker 2: You don't wear the ribbon? Aren't you against AIDS?
Kramer: Yeah, I'm against AIDS. I mean, I'm walking, aren't I?
Walker 3: Who do you think you are?
Walker 1: Put the ribbon on!
Walker 2: Hey, Cedric! Bob! This guy won't wear a ribbon!
(Bob and Cedric turn around and glare at Kramer)
Bob: Who? Who doesn't want to wear the ribbon?
Bob: So, what's it going to be? Are you going to wear the ribbon?
Kramer: No, never.
Bob: But I am wearing the ribbon. He is wearing the ribbon. We are all wearing the ribbon! So, why aren't you going to wear the ribbon?!
Kramer: This is America, I don't have to wear anything I don't want to wear!
Cedric: What are we gonna do with him?
Bob: I guess we are just going to have to teach him to wear the ribbon!
(Kramer tries to climb up the fire escape, but he is pulled back down by the mob.)

10 posted on 04/12/2008 5:23:17 AM PDT by csvset
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To: Virginia Ridgerunner

If this makes it to the Supreme Court, there is no way the Christians can’t win.

It’s like forcing an Orthodox Jew to do work for you on the Sabbath.


11 posted on 04/12/2008 6:15:36 AM PDT by conservit
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To: csvset

Anyone who has ever owned a business understand that there are some clients you just would rather not have. In principal, this is no different than if a woman had asked the photographer to take topless photos of her and she refused. Couldn’t that woman also take it to court? Or perhaps a returning client, one who had taken forever to pay the last time, approaches the photographer and want more photos? This is absolute tyranny - and it may be time for Atlas to shrug.


12 posted on 04/12/2008 6:20:49 AM PDT by AD from SpringBay (We deserve the government we allow.)
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To: Virginia Ridgerunner; AD from SpringBay
The lid to this particular Pandora’s Box was opened in the 1960s with Civil Rights laws…

There was a time when blacks were discriminated for jobs and housing based on nothing else but the color of their skin - something I find wrong IMO, because a person doesn’t choose their race or the color of their skin. But despite the homosexual’s argument that they are born that way, it doesn’t negate that it is a behavior – a behavior that many people find highly immoral and objectionable.

Besides, was Elane Photography the ONLY photographers in all of Albuquerque or Taos? These two women couldn’t find somebody else? They couldn’t find a gay photographer happy and enthusiastic to do the job?

Could the government force a vegetarian videographer to create a commercial for the new butcher shop in town?

That’s a good question. One could also ask if a gay photographer could be forced to take a job photographing a banquet at a church that preaches that homosexuality is a sin?

I would take the position that a business owner; straight, gay, vegan, Christian, Wiccan, whatever; has the right to operate their business as they see fit and has a right to decline to take a job that they find objectionable based on their personal beliefs and principals.

This is absolute tyranny - and it may be time for Atlas to shrug.

Slippery slope indeed!
13 posted on 04/12/2008 6:42:56 AM PDT by Caramelgal (Rely on the spirit and meaning of the teachings, not on the words or superficial interpretations)
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To: Caramelgal
Slippery slope indeed!

Anyone in the MSM want to discuss "Quagmire"? More like the bottom of a septic tank that really, really needs pumping out!

Pass out the pitchforks, folks! It's time to dump the tea in the harbor again!

14 posted on 04/12/2008 7:22:58 AM PDT by BwanaNdege ("The Map is not the Territory")
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To: pnh102

Whatever happened to the idea “we reserve the right to refuse service to anyone?””

That might become the new tag line in every yellow pages ad in the future...


15 posted on 04/12/2008 7:36:43 AM PDT by ridesthemiles
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To: AD from SpringBay

This is absolute tyranny - and it may be time for Atlas to shrug.”

Am I the only reader of that book who sees more and more examples of what it contained popping up every week??


16 posted on 04/12/2008 7:38:22 AM PDT by ridesthemiles
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To: Allan

ping


17 posted on 04/12/2008 8:47:35 AM PDT by ARridgerunner
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To: csvset

10 years later, and things are much worse.


18 posted on 04/12/2008 10:40:02 AM PDT by Spouting Horn (Terrorism is a tactic. Our battle should be waged against the Shariah and Jihad.)
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To: AD from SpringBay

No, because the entire idea of homosexual rights is built upon the foundation of special rights, based solely on where one chooses to put their sexual organs.


19 posted on 04/12/2008 10:40:02 AM PDT by Spouting Horn (Terrorism is a tactic. Our battle should be waged against the Shariah and Jihad.)
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To: Spouting Horn

A bit crude, but you need to say it that way to make the point! That’s why “sexual orientation” cannot be a “civil right” like freedom of religion, speech, respect for race or gender, etc. Many people are apparently “sexually oriented” toward molesting children, having sex with animals, or whatever. Are the laws against that behavior going to be abolished because they “discriminate”?


20 posted on 04/12/2008 12:55:54 PM PDT by baa39
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To: ARridgerunner
The same thing
and much worse
has happened many times over in Canada
because of our notorious 'Human Rights' Commissions.

For example
a Christian minister was given a lifetime ban
against saying anything about homosexuality
after he wrote a letter to the editor of a newspaper.

A man who criticized an Islamofascist Imam
was required to take 'sensitivity training'
under the Imam he criticized!

Many, many more such cases
which, of course,
never are mentioned in our newspapers.

21 posted on 04/12/2008 1:47:50 PM PDT by Allan (*-O)):~{>)
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To: Allan; Man50D; ARridgerunner

I should add
that the above two people mentioned
in addition to the ban and sensitivity training
were fined large amounts of money
and had to shell out even more
for substantial legal fees
for the proceedings
which dragged on for several years.


22 posted on 04/12/2008 1:53:01 PM PDT by Allan (*-O)):~{>)
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To: Man50D

“Christians in the marketplace should not be penalized for abiding by their beliefs anymore than anyone else should,”


Since the ACLU is involved you can bet this is a setup to get a certain ruling. Should it be found that Christians should not be penalized, the ACLU will immediatly use the ruling to support hundreds, possibly thousands, of lawsuits where someones religeous “beliefs” are offended. Good people getting burnt for the wrong reason is an ACLU trademark. I think I’ll go buy some pork chops and find a muslim checker while its still legal.


23 posted on 04/12/2008 8:00:55 PM PDT by Old Flat Toad (Pima county- Home of the single vehicle accident with 40 victims.)
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To: pnh102
Whatever happened to the idea “we reserve the right to refuse service to anyone?”

Sadly, that right was pushed aside in favor of the "right" to enforce "community standards".

This case should serve as a warning to those conservatives who favor broad powers for state and local governments to fight minor nuisances, indecency, etc. When you empower the government to fight things you don't like, you also empower the government to fight things that *others* don't like.

24 posted on 04/12/2008 8:19:09 PM PDT by timm22 (Think critically)
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To: Halgr

I think that a lot of Christians and Conservatives will be sending Checks to the Alliance Defense Fund


25 posted on 04/22/2008 12:29:09 PM PDT by Halgr (Once a Marine, always a Marine - Semper Fi)
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