Elaine and Jonathon Huguenin
The New Mexico Supreme Court ruled yesterday that a commercial photography business violated the human rights of a lesbian couple by refusing to photograph their commitment ceremony.
The Associated Press is reporting that Elaine Huguenin, owner of Elane Photography, refused to photograph the ceremony because it violated her religious beliefs. The Supreme Court ruled unanimously that in doing so, she violated New Mexico’s Human Rights Act “in the same way as if it had refused to photograph a wedding between people of different races.”
In his opinion, Justice Richard Bosson wrote that the business owners “have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different.”
He went on to say that “compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.”
The court said a business could state that it opposes same-sex marriage in its advertising, but it still has to comply with the anti-discrimination law.
Huguenin’s lawyer, Jordan Lorence of the Alliance Defending Freedom, criticized the ruling.
“Government-coerced expression is a feature of dictatorships that has no place in a free country,” Lorence said in a statement. “This decision is a blow to our client and every American’s right to live free.”
Ken Klukowski, Family Research Council’s Director for the Center for Religious Liberty was also disturbed by the ruling, saying that in it, the court is explicitly declaring that a person’s sincerely-held religious beliefs do not permit them to run their privately-owned business in accordance with their religious beliefs.
“This decision would stun the Framers of the U.S. Constitution, is a gross violation of the First Amendment, and should now be taken up by the U.S. Supreme Court to reaffirm the basic principle that the fundamental rights of free speech and the free exercise of religion do not stop at the exit door of your local church, and instead extend to every area of a religious person’s life,” Klukowski said in a statement.
“This decision may bring to Americans’ attention the serious threat to religious liberty posed by overbearing government agencies when it comes to redefining marriage. Rather than live-and-let-live, this is forcing religious Americans to violate the basic teachings of their faith, or lose their jobs.”
An appeal to the U.S. Supreme Court is under consideration.
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