SCOTUS will vote in January whether to take up the appeal of a photographer in New Mexico who has been found guilty of violation of the anti-discrimination laws in New Mexico. Breitbart did an excellent summary of the case in August 2013.
The concurring Justice did us all a favor by succinctly setting forth the essence of the argument. SCOTUS’ vote will give us a chance to see if the heart of America still has a pulse. Only time will tell if we ever get to hear the reasons for the Supremes’ decisions as they can vote to cut off life support by denying the case a hearing. In such an event, the echo of Chief Justice John Roberts reminding us that elections have consequences will surely ring throughout the land.
In 2006, Vanessa Willock contacted Elane Photography, asking Elane to photograph her lesbian commitment ceremony. It was a private commitment ceremony because New Mexico recognizes neither gay marriage nor gay civil unions. Elane thanked Willock for her interest, but explained that due to her religious beliefs she only does traditional weddings.The price of citizenship? Excuse me, but wasn’t that price one of the reason we fought the British Crown?
Willock filed a complaint against Elane with the New Mexico Human Rights Commission, citing a state law that does not allow discrimination on the basis of sexual orientation. The commission ruled Elane’s decision illegal, and imposed a fine of $7,000 to cover legal fees.
Elane took this matter to court, represented by Jordan Lorence of the Alliance Defending Freedom (ADF). The trial court upheld the fine, as did the court of appeals.
The New Mexico Supreme Court has now affirmed the lower courts, holding that Elane Photography is a “public accommodation,” and because they photograph wedding ceremonies they cannot refuse a gay-commitment ceremony (even if it is not a legal wedding).
In a concurring opinion, Justice Richard Bosson wrote Elane and Jonathan:
… now are compelled by law to compromise the very religious beliefs that inspire their lives… the result is sobering. It will no doubt leave a tangible mark on the Huguenins and others of similar views.
… At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins are free to … pray to the God of their choice … But there is a price, one that we all have to pay somewhere in our civic life.
Bosson goes on to say having to violate your religious beliefs when they conflict with social issues like gay marriage “is the price of citizenship.”
The concurring Justice did us all a favor by succinctly setting forth the essence of the argument. SCOTUS’ vote will give us a chance to see if the heart of America still has a pulse. Only time will tell if we ever get to hear the reasons for the Supremes’ decisions as they can vote to cut off life support by denying the case a hearing. In such an event, the echo of Chief Justice John Roberts reminding us that elections have consequences will surely ring throughout the land.
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