Photographer sued for refusal to take pics of Lesbian committment ceremony

[shetuck]

Washington Times: Artist hit for refusal on beliefs

Was the photographer baited? Is that even relevant here?

Was the photographer stupid to even give a reason why she wouldn't do the work?

What's the big deal anyway... so she goes and takes some pics at a ceremony, right?

Artist hit for refusal on beliefs

February 25, 2008

By Pete Vere - An evangelical Christian photographer was brought before the New Mexico Human Rights Commission after she declined for religious reasons to photograph a same-sex commitment ceremony.

When Elaine Huguenin of Albuquerque, N.M., declined in September 2006 an e-mail request from a lesbian couple to photograph their ceremony, one of the lesbians responded by lodging a human rights complaint with the New Mexico Human Rights Division, the state agency charged with enforcing state anti-discrimination laws and sending cases to the commission to be adjudicated.

Vanessa Willock sought an injunction to prohibit Mrs. Huguenin and her business, Elane Photography, from declining any future request to photograph a same-sex ceremony. The agency agreed to hear Miss Willock's complaint, the latest case brought before tribunals in the U.S. and Canada that free-speech advocates say threaten expression across North America.

Jordan Lorence of the Alliance Defense Fund, a "legal ministry" that is representing the Huguenins and defends religious freedom and traditional values, said that "Elane Photography is basically a husband-and-wife small, little commercial photography business" run by "devout Christians who have a variety of things they don't want to take pictures of."

Photography also is a form of artistic expression, Mr. Lorence said, and the First Amendment protects artists like Mrs. Huguenin from being compelled by the state to engage in expression that violates their religious convictions.

The First Amendment "is pretty clear that Christians should not be penalized for abiding by their beliefs," Mr. Lorence said.

Carrie Moritomo, a public-information officer with the New Mexico Office of Workforce Solutions, would not say whether she considered the case a violation of the Huguenins' religious freedom.

She would say only that the Human Rights Bureau is a neutral agency created to enforce the New Mexico Human Rights Act.

"The bureau accepts and investigates claims of discrimination based on race, color, national origin, religion, ancestry, sex, age, physical and mental handicap, serious medical condition, disability, spousal affiliation, sexual orientation and gender identity in the areas of employment, housing, credit or public accommodation," she said.

[buckeyefool]

Originally Posted by shetuck

Washington Times: Artist hit for refusal on beliefs

Was the photographer baited? Is that even relevant here?

Was the photographer stupid to even give a reason why she wouldn't do the work?

What's the big deal anyway... so she goes and takes some pics at a ceremony, right?

I really don't see how there is any case. Now if she took their money and then said she wouldn't do it that is one thing. but if she said from day one I don't beleive in what you are doing so I will not do the job then I don't see how she can be sued over it, It is her company, and it isn't like there are not ten thousands other photographers out there.

[Gatorubet]

Don't get me wrong, my personal belief is that anyone who would choose not to do business with someone because they are gay is a tool, but then, being stupid is not against the law.

Being gay is not a protected class. I mean, KKK members are tools too, and they can choose not to marry blacks, but they can't choose not to do business with blacks or they will be sued for discrimination - as race is a protected class.

What is unclear to me is the protected status of sexual orientation under the State Consitution. If sexual orientation is given protection, then maybe they have a beef. Not sure what a complaint with the Human rights Commision will accomplish, but I think it is fair to let the photographer chose to do business as he or she sees fit, and it is also fair for the gay couple to arrange an on-going gay rights protest outside the photographer's door for a year until he or she is run out of business if possible.

Free speech all around.

[shetuck]

If being a tool is a class, and being gay is a class, what does that make Tim Tebow?

[jwinslow]

Is body odor a protected class? If I refuse to shoot senior photos (indoor) for a family that does not believe in bathing, am I at risk?

[shetuck]

Originally Posted by jwinslow

Is body odor a protected class? If I refuse to shoot senior photos (indoor) for a family that does not believe in bathing, am I at risk?

Desmond Howard and family are clients of yours?