Eugene Volokh's legal experts blog:
"So the New Mexico Court of Appeals held last week in the long-pending Elane Photography v. Willock (N.M. Ct. App. May 31, 2012). The court began by holding that the state law that bans sexual orientation discrimination in places of public accommodation applies to professional wedding photographers’ decisions not to photograph same-sex commitment ceremonies: Such photography businesses are “places of public accommodation” under the language of the law, and the discrimination between legally recognized opposite-sex marriages (New Mexico only recognizes such marriages) and same-sex commitment ceremonies constitutes discrimination based on sexual orientation.
The court then rejected the argument of the photographer (Elane Huguenin, the co-owner and principal photographer for Elane Photography) that penalizing her for not photographing such same-sex ceremonies was an unconstitutional “speech compulsion.” The First Amendment, Huguenin argued, has been repeatedly held to protect the right to speak as well as the right not to speak; and the right not to speak includes the right not to create artistic expression that one doesn’t want to create. And just as the First Amendment protects speech that is said for money (indeed, most books, newspapers, movies, and the like are created and distributed commercially), so it protects the right not to create certain artistic works for money, even if one is in that line of business. But the court disagreed..."
11 Comments
I know how I'd handle this one if I were the photographer: take lousy pictures of same-sex ceremonies. Word of mouth would take care of the rest.
Yet another example of the unconstitutionality of SS"M".
Marriage corruption is illegal in New Mexico. The operative word in the title is "May."
In legal terms; "May" and "Must" are absolutes and cannot be redefined. Whereas "May" means you have a choice; the word "Must" means you have no-other choice but to comply.
@ Son of Adam
I love how you use the constitution to deny rights to a minotiry. I am sure thats what the founders intended, the denial of rights.
Of course, there's nothing to stop the photographer from showing up at the event in a shirt with a message of her own choosing printed on it.
What part of "The court began by holding that the state law that bans sexual orientation discrimination in places of public accommodation applies to professional wedding photographers’ decisions not to photograph same-sex commitment ceremonies: " isn't clear?
What if a gay photographer declined to photograph a wedding b/c of his beliefs or as a protest? Does anyone think the court decision would have been the same?
What if someone wanted a nude wedding ceremony? If the photographer objected then would they be violating their civil rights?
@austin, and I'm pretty sure the founders never thought this country would see the day that the government would try to legalize SSM, but great point smh
"I love how you use the constitution to deny rights to a minotiry. I am sure thats what the founders intended, the denial of rights."
Austin, please show me where in the US Constitution it states that people have the right to have marriage redefined to suit their sexual proclivities?
No way! 'Such photography businesses are “places of public accommodation” under the language of the law.'
The stupid law is missing an 's': It is public accommodationS.
It follow from New Mexico's primary language being Spanish for many years. I bet you they can spell 'taco' or 'jalapeño', no problema.
Source: http://dictionary.reference.com/browse/accommodation
Accommodation:
2. adjustment of differences; reconciliation.
3. Sociology . a process of mutual adaptation between persons or groups, usually achieved by eliminating or reducing hostility, as by compromise or arbitration.
4. anything that supplies a need, want, favor, convenience, etc.
-------- and:
5. Usually, accommodations.
a. lodging.
b. food and lodging.
c. a seat, berth, or other facilities for a passenger on a train, plane, etc.
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