Another issue here is the proliferation of “Human Relations Commissions” and “Human Rights Commissions” in states across the nation. They have power over increasingly ridiculous complaints. Consider the following example:
On September 21, 2006, a homosexual couple contacted Elaine Huguenin of Elane Photography via e-mail to see if they could arrange for photography for their “commitment ceremony”. Elaine responded saying that she photographed traditional weddings but did not photograph same-sex weddings. On December 20, 2006, one member of the homosexual couple filed a complaint with the New Mexico Human Rights Commission. A trial was held in January of 2008, and on April 9th the Human Rights Commission ruled that Elaine Huguenin violated the New Mexico Human Rights Acts by discriminating on the basis of sexual orientation. They fined Mrs. Huguenin $6,637.94.
That pisses me off. It is a direct violation of the New Mexico Constitution:
Art II, Sec. 11. [Freedom of religion.]The court is obviously invalidating the underlined, but it is also violating the bolded: in that it is denying the civil privilege to deny services dependent upon the photographer's religious grounds. These two are solidly provable.
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.
There is also a case, though somewhat less solid, that the court is also violating the italicized portion, this is based on the idea that sexual intercourse is a mode of worship. This is a little less obvious, but well provable via history and religions: think of how many religions had "temple prostitutes" or orgies.
A trial was held? With a judge and a jury and everything? ---- I'll bet not. There were no damages. Could Huguenin be sued for refusing to photograph a Klan cross burning?