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NM Supreme Court: Christian Photographers Can't Refuse Gay Weddings
Christian Post ^ | 08/24/2013 | Napp Nazworth

Posted on 08/25/2013 7:47:02 AM PDT by SeekAndFind

In New Mexico, professional photographers may not refuse to work at gay weddings, that state's Supreme Court decided Thursday.

When Elane Photography refused to work for Vanessa Willock at her same-sex wedding, the Court said, it violated the New Mexico Human Rights Act, which prohibits discrimination in public accommodations based upon sexual orientation.

"First, we conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples," Justice Edward Chavez wrote for the majority.

Chavez also wrote that refusing to work at a same-sex wedding is equivalent to refusing to work at a mixed-race wedding: "Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races."

Elane Photography is not protected by their rights to freely exercise their religion, which are protected by the U.S. Constitution, because the NMHRA is a "neutral law of general applicability," the Court said. This means that the law does not target a specific religious group when it restricts Elane Photography's religious freedom.

In the proceedings, Elane Photography argued that it did not discriminate based upon sexual orientation because it would have photographed same-sex couples in other contexts. It was only the conveyance of a same-sex marriage in the company's photos that conflicted with the owner's religious beliefs.

In a concurring opinion, Justice Richard Bosson said that Elane Photography must be forced to violate their religious beliefs because of "the tolerance that lubricates the varied moving parts of us as a people. ... it is the price of citizenship."

"The idea that free people can be 'compelled by law to compromise the very religious beliefs that inspire their lives' as the 'price of citizenship' is a chilling and unprecedented attack on freedom," said Jordan Lorence, senior counsel for Alliance Defending Freedom and one of the lawyers for Elane Photography. "Americans are now on notice that the price of doing business is their freedom. We are considering our next steps, including asking the U.S. Supreme Court to right this wrong."

In a Rasmussen Reports poll of 1,000 adults conducted last month, 85 percent of respondents said that a Christian wedding photographer should be able to turn down work for a same-sex wedding.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: New Mexico
KEYWORDS: christian; gaymarriage; homosexuality; newmexico
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1 posted on 08/25/2013 7:47:02 AM PDT by SeekAndFind
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To: SeekAndFind

I’d stop advertizing and just pick up work by word of mouth. If anybody asks, its just a hobby.


2 posted on 08/25/2013 7:50:14 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: SeekAndFind

Fine.
They could always just take completely crappy pictures.

“Here you go, fags. Here are your out of focus poorly composed pictures. Enjoy your AIDS.”


3 posted on 08/25/2013 7:52:10 AM PDT by humblegunner
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To: SeekAndFind

So, as a private business, I have to accept all paying customers? What if someone wanted me to shoot a video of their honeymoon night in their hotel room? Would I have the right to refuse? Where does it stop?


4 posted on 08/25/2013 7:52:12 AM PDT by Real Cynic No More (Border Fence Obamacare!)
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To: SeekAndFind

The judges ignore the rights of Christians to practice their faith as guaranteed by the Constitution.


5 posted on 08/25/2013 7:52:44 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: SeekAndFind

I think we delude ourselves if we believe that the churches themselves will not be sued over refusal of same sex weddings.


6 posted on 08/25/2013 7:52:56 AM PDT by johniegrad
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To: cripplecreek
He11, I'd shoot the event, just get loaded and walk around shooting pics with the lens cap on.
7 posted on 08/25/2013 7:53:07 AM PDT by skimbell
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To: SeekAndFind

I’d go out of business.....not photographing any biological abberations.


8 posted on 08/25/2013 7:54:48 AM PDT by high info voter
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To: Louis Foxwell

There is no Constitutional protection against discrimination. There is case law but it is not Constutionally established.


9 posted on 08/25/2013 7:55:13 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: SeekAndFind

As I suggested on the other thread on this topic....

perhaps we can get the Westboro..”baptist church” to try to hire a “gay couple.’...for some reason or another and wee what transpires ??


10 posted on 08/25/2013 7:55:23 AM PDT by MeshugeMikey (Block Captain..Tyranny Response Team / al-Kilab Division)
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To: Real Cynic No More
Obviously not. If you have a business open to the public then your business is considered a "public accommodation". You can deny service to anyone except for reasons that are mentioned in specific legislation, i.e. race, nationality, sex, etc.

That list of reasons was recently expanded to include "sexual orientation", but it was not expanded to include people currently engaged in sexual intercourse.

11 posted on 08/25/2013 7:55:28 AM PDT by who_would_fardels_bear
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To: skimbell

there you go, it does not say how well have you to do it.


12 posted on 08/25/2013 7:55:40 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: SeekAndFind

Close up shop, and move to another state.


13 posted on 08/25/2013 7:56:45 AM PDT by FrankR (They will become our ultimate masters the day we surrender the 2nd Amendment.)
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To: SeekAndFind

So, have photographers turned down jobs for other reasons or are they always required to always take the job form any person walking through the door with a check that doesn’t bounce?


14 posted on 08/25/2013 7:57:31 AM PDT by Dutch Boy
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To: SeekAndFind
"When Elane Photography refused to work for Vanessa Willock at her same-sex wedding, the Court said, it violated the New Mexico Human Rights Act, which prohibits discrimination in public accommodations based upon sexual orientation. "

ummmm... isn't this a PRIVATE business?

And what morons would want to FORCE someone to work for them? I would not expect the best work.

15 posted on 08/25/2013 7:59:05 AM PDT by Mr. K (Lies, Damned Lies, Statistics, and then Democrat Talking Points.)
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To: SeekAndFind

just say you can’t fit it in to your schedule.....


16 posted on 08/25/2013 8:00:53 AM PDT by yldstrk (My heroes have always been cowboys)
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To: SeekAndFind

this is just another example of forcing ppl to engage in a business transaction that they otherwise don’t want. Theres no free association


17 posted on 08/25/2013 8:01:23 AM PDT by 4rcane
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To: johniegrad
I think we delude ourselves if we believe that the churches themselves will not be sued over refusal of same sex weddings.

Absolutely!

Liberals will point to their "tax-free status" (which is a subsidy from the gov't) as the reason a church cannot discriminate.

Just wait.

18 posted on 08/25/2013 8:02:15 AM PDT by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
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To: FrankR

RE: Close up shop, and move to another state.

Wherever you go in this country, the Courts are there.


19 posted on 08/25/2013 8:03:10 AM PDT by SeekAndFind
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To: SeekAndFind

Yeah right. Fuc# you! I have a cold.


20 posted on 08/25/2013 8:03:27 AM PDT by eyedigress ((zOld storm chaser from the west)/ ?s)
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To: SeekAndFind

I have a right to refuse service to anyone.

Especially fags, judges, ANYBODY that works for the government, liberals, Marxists, baby killers, journalists, lame stream media, anti gun groups, PETA, greenies, global warming idiots, muslims, ILLEGALS, druggies, Hollywood, tree huggers, anybody that drives a Prius, the AARP, Progressive Insurance, etc,etc,etc...


21 posted on 08/25/2013 8:03:42 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: unixfox

RE: I have a right to refuse service to anyone.

Here’s a theoretical question ... should a bigot be free to refuse service to anyone based on race or ethnicity?


22 posted on 08/25/2013 8:05:25 AM PDT by SeekAndFind
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To: Louis Foxwell

Yup. It is Freedom OF Religion, not Freedom FROM Religion.


23 posted on 08/25/2013 8:05:46 AM PDT by Cowgirl of Justice
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To: SeekAndFind

YES


24 posted on 08/25/2013 8:07:16 AM PDT by eyedigress ((zOld storm chaser from the west)/ ?s)
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To: SeekAndFind

make them a huge bid and they will pick someone else

there are ways


25 posted on 08/25/2013 8:07:31 AM PDT by yldstrk (My heroes have always been cowboys)
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To: cripplecreek

Sounds like a plan, but as we both know on a practical level getting to that point would be problematic for a lot of businesses. These people will seek you out and will find you, because it isn’t photography services they are looking for, it’s something much worse. No live and let live.

These people are angry for a good reason. They are excluded from the realm of decency and good morals and they know it. They are at war with God and they know it. They cannot convince themselves of this and they know it. The Lord is so good and He makes available to everyone no matter how situated, the means to salvation.

Just the way things are now and Christians must adapt. And no, dear friends I don’t me go along to get along. While your thinking and solution is a great starting point for brainstorming our strategies to remain faithful, we are indeed gonna have to get creative. They are angry and on a rampage. We can’t let their little temper tantrum sidetrack us from eyeing the prize SALVATION and trying to help those attain the same here on our earthly path.

Let’s brainstorm ourselves out of this people, because the govt. processes sure as hell isn’t going to rescue us from this pile of crap. They are either clueless, don’t care or bought off dont matter which same outcome. They don’t represent us anymore. All we have is The Lord, who, is all we ever needed anyway. We can do this


26 posted on 08/25/2013 8:07:33 AM PDT by SaintDismas
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To: SeekAndFind

Freedom of Association isn’t just an order.


27 posted on 08/25/2013 8:08:39 AM PDT by eyedigress ((zOld storm chaser from the west)/ ?s)
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To: SeekAndFind

The government should have NO BUSINESS in MY BUSINESS as long as it is legal and I am not hurting anybody.

If I decide I don’t want to provide a service for someone for ANY reason that should be my decision and nobody elses. PERIOD.


28 posted on 08/25/2013 8:12:01 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: SeekAndFind

Even by the standards of the liberals who back our federal behemoth, this is a shockingly evil decision. I would hope that the evil lesbians who demanded that these photographers violate their religious beliefs will be shunned by decent people forever. I hope that the lawyers who prosecuted this case in order to violate the First Amendment rights of American citizens will be shunned both personally and in business by decent people forever. Similarly, in this ongoing battle between good and evil, everyone who sides with evil (and enslaving these photographers is inherently evil) will be shunned personally and professionally for life.


29 posted on 08/25/2013 8:13:33 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: SeekAndFind

What is with these homos, they want to force people to take pictures? I’d take the pictures, with latex gloves and a mask on. I’d be damned if I bothered focusing. It doesn’t make sense to force a vendor to sell services when they don’t want to. Are the homos that stupid?


30 posted on 08/25/2013 8:16:07 AM PDT by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....)
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To: SeekAndFind

“Hello, Smith Photography. What’s that? Your wedding was today? But I had it in my schedule book for NEXT Saturday. So sorry. I’ll be glad to refund your deposit. Thank you for choosing Smith Photography.”


31 posted on 08/25/2013 8:17:32 AM PDT by savedbygrace (But God!)
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To: who_would_fardels_bear
Obviously not. If you have a business open to the public then your business is considered a "public accommodation". You can deny service to anyone except for reasons that are mentioned in specific legislation, i.e. race, nationality, sex, etc.

It's like hiring. You never, ever explain why you are refusing business or refusing to hire someone. It's sad that we must be silent instead of telling the truth, but given the number of thugs who are abusing the power of government, we cannot be honest in the presence of evil. We simply listen and at a convenient point, distant in time from the disqualifying information, we cancel due to an unforeseen conflict. But, yes, if appropriate I would refuse service for exactly that reason (just without articulating the reason).

32 posted on 08/25/2013 8:20:28 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: SeekAndFind

But I read that the NM constitution allows this terrorism.


33 posted on 08/25/2013 8:23:26 AM PDT by FrankR (They will become our ultimate masters the day we surrender the 2nd Amendment.)
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To: King Moonracer

There has got to be a way to discourage these people from doing these things by extra legal means, but within the law. C’mon folks we are smarter than this. Like I said it’s so patently obvious at this point there is no relief from the govt. none whatsoever. The constitution is shredded and no one cares about our 1st, 2nd, 4th, 5th or other numbered so called negative rights anymore. We are on our own, cept, hmmm, OH WAIT!!! We have The Lord and that should be enough. Think, think, think. The solution may not be apparent at the moment but it will present itself in due time. Mean the while, pray my friends


34 posted on 08/25/2013 8:25:21 AM PDT by SaintDismas
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Impeach the kangaroo judicial activists.

35 posted on 08/25/2013 8:26:37 AM PDT by A.A. Cunningham (Barry Soetoro can't pass E-verify)
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To: SeekAndFind

They should include a statement that they don’t support gay marriage on each photo.


36 posted on 08/25/2013 8:28:32 AM PDT by azsportsterman
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To: johniegrad
I think we delude ourselves if we believe that the churches themselves will not be sued over refusal of same sex weddings.

Exactly correct. Obama blew that dog whistle weeks ago when he said he wouldn't "force" Churches to marry homosexuals.

That was the signal to the homosexual's to start suing churches in courts to perform "gay weddings."

Remember: Obama said he wouldn't force churches to marry homosexuals. He said nothing about not using the courts to force them.

37 posted on 08/25/2013 8:31:41 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: SeekAndFind

So, if the American Nazi Party wanted to hire a Jewish caterer to provide food at at their rally, the caterer cannot refuse to take the job? If the Klan wanted to hire a black photographer, he could not turn down their business?


38 posted on 08/25/2013 8:37:50 AM PDT by GreenHornet
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To: azsportsterman

Yes I have been wondering about that kind of solution. I mean, if you enslave a person, such as the govt. is doing, who says that one must be cheerful about it, walking around shooting pics with a happy go lucky attitude that says I support your deviant sinful life? While that doesn’t exactly get a faithful Christian off the hook exactly, if forced to participate in an activity against their will, it’s a place to start. Maybe you could develope a plan within your business to have a whole nuther dept. to handle these types of situations you can’t do yourself. But, as I said, you’re still providing a service to people that is more than displeasing to God. Mor than that, what did he call this stuff again...what’s that word I’m looking for? Oh yeah, AN ABOMINATION

There is a solution to every problem there’s one for this too


39 posted on 08/25/2013 8:38:12 AM PDT by SaintDismas
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To: SeekAndFind

Ok, then they should just do a REALLY crappy job (blurry, out of focus images, etc), and charge them up the wazoo.


40 posted on 08/25/2013 8:39:55 AM PDT by mkleesma (`Call to me, and I will answer you and tell you great and unsearchable things you do not know.')
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To: SeekAndFind

Simple solution, more than one way to skin a cat. Require full cash in advance and take the worst possible pix. Next time the queers will not force you.


41 posted on 08/25/2013 8:42:29 AM PDT by X-spurt (CRUZ missle - armed and ready.)
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To: cripplecreek

I’d ask for the date, and tell them I was already booked for that day.


42 posted on 08/25/2013 8:44:11 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: SeekAndFind

Not just a bigot — anyone should be able to refuse service to anyone. Let the marketplace prevail.

If I were these photographers I’d call in sick the day of the event. Screw that judge!!


43 posted on 08/25/2013 8:47:51 AM PDT by szweig (HYHEY!! (Have You Had Enough Yet))
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To: SeekAndFind
"Here’s a theoretical question ... should a bigot be free to refuse service to anyone based on race or ethnicity?"

No.

Many Freepers get this wrong. The Bible is clear on this. It's Godly to treat others equally when it's something they are born with. Examples: It's also Godly to have righteous discrimination against bad or unhealthy behaviors. So, any business who wants to be Godly and legal must make business rules based on disallowed behaviors. Like: Then there's the "flip side" to this argument. "But we were born this way". Even if that were true (uh huh), marriage is a choice. Holding hands in public is a choice. Choosing a partner is a choice.

What the photographers should have said was, "We didn't accept their business because our policy says we don't allow the photographing of men kissing men, women kissing women, men or women kissing animals, or any acts of a sexual nature."

That would have set them in the clear right there. You're not discriminating against the people. You're discriminating against the ACT. And now you can claim hardship when courts ask why you have the policy. You say, "Our customers are traditional and if word got out we were photographing devious filthy behavior we'd go out of business. These acts are considered by our staff to be pornography. Even though pornography is legal, we choose not to partake in it."

They have a choice to display their "love" for each other. You have a right to tell them to pound sand.
44 posted on 08/25/2013 8:49:29 AM PDT by Up Yours Marxists
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To: SeekAndFind

Go take the pictures, and throw up at the wedding. It would make me violently sick.


45 posted on 08/25/2013 8:53:07 AM PDT by pallis
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To: SeekAndFind

Go take the pictures, and throw up at the wedding. It would make me violently sick.


46 posted on 08/25/2013 8:53:08 AM PDT by pallis
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To: SeekAndFind

Just don’t show up. Take crappy pictures. Charge exorbitant fees. Demand the cash up front. Lots of ways.


47 posted on 08/25/2013 8:57:49 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: SeekAndFind

“Sorry! I left the lens cap on.”


48 posted on 08/25/2013 9:00:52 AM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: SeekAndFind

Just say you have other plans and you cannot help them. Nothing else needs to be said,


49 posted on 08/25/2013 9:02:21 AM PDT by rawhide
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To: Real Cynic No More
What if somebody wanted you to create a photo essay on their "Happy Birthday Adolph Hitler" parade?

Or their Muslim "Behead the Gays" Rally?

This is so obviously not "discrimination" against gays as individual customers. I am sure they could go through their files --- assuming they don't "just" do weddings --- and find lots of gay customers they happily photographed for school graduations and other occasions.

They are not discriminating against a class of customers. They are choosing what kind of events they will or will not provide a service for. It involves a contract, does it not? Can the State really coerce entering into a contract?

50 posted on 08/25/2013 9:03:20 AM PDT by Mrs. Don-o ("No one on earth has any other way left but -- upward." - Alexander Solzhenitsyn)
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