NM Supreme Court: Christians must photograph gay wedding
by Joseph Backholm
In a troubling decision for conscience rights and religious liberty, the New Mexico Supreme Court decided yesterday that a photographer can be required by law to take pictures of a same-sex wedding in violation of their beliefs.
The case arose out of a 2006 incident in which Elane Photography, owned by Elaine Huguenin, declined the opportunity to take pictures of a same-sex commitment ceremony because of their beliefs about marriage and homosexuality. They were fined $6,600 by the New Mexico Human Rights Commission for that decision.
The New Mexico Supreme Court agreed with the lower court decision and said that gay couples have a right to have their commitment ceremonies photographed by any photographer who might otherwise provide wedding photographs, regardless of the photographer's personal convictions.
"The Huguenins today can no more turn away customers on the basis of sexual orientation - photographing a same-sex marriage ceremony - than they could refuse to photograph African-Americans or Muslims," the court said.
Ironically, the court's insistence on uniformity in the marketplace is being done in the name of diversity and pluralism. "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 think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life."
In other words, the court will still allow us to have independent beliefs (we prostrate ourselves in gratitude for your benevolence), however, if we are so bold as to leave our home or church and interact with the world around us, those thoughts may not inform our behavior.
The court rejected arguments by Elane Photography that their willingness to serve gay customers in many contexts other than commitment ceremonies is evidence that they do not discriminate on the basis of sexual orientation.
They also rejected the argument that the First Amendment protects the right of individuals and businesses not to communicate messages through their work that they personally disagree with.
The court said that, "In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as 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."
For those of you new to Opposite World, forcing people to do things that violate their deeply held convictions is a reasonable way to "leave space for people who believe different things", but asking someone to find a different photographer is not. In next week's exciting episode, Muslim, Jewish, and vegan delis will be required to serve pork products at the insistence of neighbors who resent being asked to find another deli in which to enjoy a pulled pork sandwich.
In the mind of the founders, the freedom of religion and the free expression of ideas was an inalienable right endowed on each individual by our Creator. In the mind of the New Mexico Supreme Court, the "glue that holds us together" is the ability to force people to do things they don't want to do and putting up with it is simply "the price of citizenship."
These are not the words of leaders who lead free people.
Contrast them to Thomas Jefferson's thoughts on coercion from his Notes on Virginia from 1782.
"Subject opinion to coercion: whom will you make your inquisitors? Fallible men; men governed by bad passions, by private as well as public reasons. And why subject it to coercion? To produce uniformity. But is uniformity of opinion desirable? No more than of face and stature."
How far we have come.
Lawyer's for Elane Photography are considering their options, including the possibility of an appeal to the U.S. Supreme Court.
Here in Washington, a florist in Richland, Washington faces similar legal trouble because of her decision not to provide floral services to a same-sex wedding. If you would like to become part of Team Arlene's and/or partner with us to host a Team Arlene's meeting in your area discuss the critical need for religious freedom protection and what each of us can do, please click here.
You can contribute to our defense of religious freedom in Washington State by clicking here.
If you weren't concerned about your freedom before, hopefully you are now. They have no intention of extending the same degree of tolerance that they demand. Saddle up.