Friday, August 23, 2013

N.M. Supreme Court: Photographers Can't Refuse Gay Weddings


In a closely watched case on gay rights, religious freedom, artistic freedom, the speech rights of businesses, and a host of other legal hot button issues, the New Mexico Supreme Court today ruled that wedding photographers could not refuse to shoot gay ceremonies.

"When Elane Photography refused to photograph a same-sex commitment ceremony, it violated the [New Mexico Human Rights Act, or NMHRA] in the same way as if it had refused to photograph a wedding between people of different races," the court said in a unanimous verdict.

The court rejected each of photographer's Elaine Huguenin's arguments, particularly one in which Huguenin had argued that her refusal did not discriminate against same-sex customers. Huguenin had argued that she happily photograph gay customers, but not in a context that seemed to endorse same-sex marriage. Likewise, she said, she wouldn't shoot heterosexuals in a context that endorsed same-sex marriage.

The court rejected any legal differentiation between homosexuality and homosexual conduct. Read more

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