Skip to comments.We vant to be left alone (Our one wish for government)
Posted on 09/18/2012 4:53:20 PM PDT by SeekAndFind
Elaine Huguenin, who with her husband operates Elane Photography in New Mexico, asks only to be let alone. But instead of being allowed a reasonable zone of sovereignty in which to live her life in accordance with her beliefs, she is being bullied by people wielding government power. In 2006, Vanessa Willock, who was in a same-sex relationship, e-mailed Elane Photography about photographing a commitment ceremony she and her partner were planning. Willock said this would be a same-gender ceremony.
Elane Photography responded that it photographed traditional weddings. The Huguenins are Christians who, for religious reasons, disapprove of same-sex unions. Willock sent a second e-mail asking whether this meant that the company does not offer photography services to same-sex couples. Elane Photography responded you are correct.
Willock could then have said regarding Elane Photography what many same-sex couples have long hoped a tolerant society would say regarding them live and let live. Willock could have hired a photographer with no objections to such events. Instead, Willock and her partner set out to break the Huguenins to the states saddle.
Willocks partner, without disclosing her relationship with Willock, emailed Elane Photography. She said she was getting married actually, she and Willock were having a commitment ceremony because New Mexico does not recognize same-sex marriages and asked if the company would travel to photograph it. The company said yes. Willocks partner never responded.
Instead, Willock, spoiling for a fight, filed a discrimination claim with the New Mexico Human Rights Commission, charging that Elane Photography is a public accommodation, akin to a hotel or restaurant, that denied her its services because of her sexual orientation. The NMHRC found against Elane and ordered it to pay $6,600 in attorney fees.
(Excerpt) Read more at nypost.com ...
Elaine Huguenin says she is being denied her right to the free exercise of religion guaranteed by the US Constitutions First Amendment and a similar provision in the New Mexico constitution.
Furthermore, New Mexicos Religious Freedom Restoration Act defines free exercise as an act or a refusal to act that is substantially motivated by religious belief, and forbids government from abridging that right except to further a compelling government interest.
So New Mexico, whose marriage laws discriminate against same-sex unions, has a compelling interest in compelling Huguenin to provide a service she finds repugnant and others would provide? Strange.
Honestly if someone says “No, I can’t do that because it would violate my moral convictions.” do you really want to force them to do what you want them to do, even if it is to provide a service they provide in other cases for other people? No, I don’t think so. All you would be doing is causing great emotional distress on the person, so you find someone who is willing to do the job who won’t be under distress when performing the service. You don’t cause someone more emotional distress by suing them because they said no. The service providers should turn around and sue back.
I love it! Hoisted on their own petard (if I got that right). What a great legal argument! I think the outcome will be significant to the rainbow coalition.
RE: No, I cant do that because it would violate my moral convictions. do you really want to force them to do what you want them to do, even if it is to provide a service they provide in other cases for other people?
It is not about conscience at all, it is about MAKING A POLITICAL STATEMENT to FORCE the hand of government to coerce people to act according to their view of what’s right.
Notice how the Mayors of cities like Boston and San Francisco threaten Chick-Fil-A for a statement made by the company’s CEO supporting traditional marriage.
If I were the photographer, I would do the shoot, demand payment in advance ($6,600.), then deliver blurry photos so bad the sex of the subjects of the photos could not be determined.