The ‘Human Rights’ Juggernaut

n August 22, the New Mexico supreme court unanimously ruled that a wedding photographer broke the law by refusing to photograph a same-sex commitment ceremony. While gay rights advocates are celebrating this latest in a string of legal and political victories, the outcome of Elane Photography v. Vanessa Willock has alarmed religious liberty advocates. And it could end up having a profound influence on First Amendment jurisprudence.

‘Wedding Party at the Photographer’s Studio’ by Pascal Adolphe Jean Dagnan-Bouv ‘WEDDING PARTY AT THE PHOTOGRAPHER’S STUDIO’ BY PASCAL ADOLPHE JEAN DAGNAN-BOUVERET

The New Mexico court ruling upheld a previous judgment of the New Mexico Human Rights Commission that Elane Photography would have to pay $6,637 in legal fees to Vanessa Willock, who brought the complaint against them for refusing to photograph her commitment ceremony in 2006. Elane Photography is owned by a husband and wife who are evangelical Christians and have a moral objection to using their vocation to support gay unions.

According to the New Mexico supreme court, that isn’t sufficient reason for a business owner to deny someone its services. “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 [New Mexico Human Rights Act] and must serve same-sex couples on the same basis that it serves opposite-sex couples,” reads the decision. The court further suggested that Elane Photography’s owners “retain their First Amendment rights to express their religious or political beliefs” even as they are compelled to photograph gay weddings because it is still within their rights to “post a disclaimer on their website or in their studio advertising that they oppose same-sex marriage but that they comply with applicable antidiscrimination laws.”

(2013-08-29/weeklystandard)