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Court rules it’s illegal for Christians to refuse to photograph same-sex ceremonies

CWN – June 05, 2012
http://www.catholicculture.org/news/headlines/index.cfm?storyid=14523
The New Mexico Court of Appeals has ruled that it is illegal for a photography business owned by Christians to refuse to photograph a same-sex wedding ceremony—even though New Mexico law does not permit same-sex marriage.

The court based its judgment on the text of the New Mexico Human Rights Act (NMHRA), which makes it illegal “any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services . . . to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap.”

“Elane Photography’s owners are Christians who believe that marriage is a sacred union of one man and one woman,” the court noted in its opinion. “Elane Photography denied Willock’s request to photograph the ceremony based upon its policy of refusing to photograph images that convey the message that marriage can be defined to include combinations of people other than the union of one man and one woman … They also believe that photography is an artistically expressive form of communication and photographing a same-sex commitment ceremony would disobey God and the teachings of the Bible by communicating a message contrary to their religious and personal beliefs.”
“Elane Photography also poses another hypothetical situation in support of its argument,” the court continued. “The hypothetical involves an African-American photographer’s refusal to photograph a Ku-Klux-Klan rally … the Ku-Klux-Klan is not a protected class. Sexual orientation, however, is protected.”

Dismissing arguments that the statute violated the owners’ religious-freedom rights, the court ruled that the case at bar is generally applicable and neutral; it does not selectively burden any religion or religious belief. The NMHRA applies generally to all citizens transacting commerce and business through public accommodations that deal with the public at large, and any burden on religion or some religious beliefs is incidental and uniformly applied to all citizens … As such, the government need not have a compelling interest to justify the burden it places on individuals who fall under its proscriptions. Because a rational basis exists to support the governmental interest in protecting specific classes of citizens from discrimination in public accommodations, the NMHRA does not violate the free exercise clause protections under the First Amendment.

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number:
Filing Date: May 31, 2012 Docket No. 30,203 ELANE PHOTOGRAPHY, LLC,
Plaintiff-Appellant,
v. VANESSA WILLOCK,
Defendant-Appellee.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Alan M. Malott, District Judge
1GARCIA, Judge.
I.
A.
FACTUAL AND PROCEDURAL HISTORY
Factual History
{2}
OPINION
{1}    This appeal arose from the refusal of Elane Photography, LLC (Elane Photography), to photograph the commitment ceremony of Vanessa Willock (Willock) and her same-sex partner (Partner). Elane Photography denied Willock’s request to photograph the ceremony based upon its policy of refusing to photograph images that convey the message that marriage can be defined to include combinations of people other than the union of one man and one woman. Elane Photography’s owners are Christians who believe that marriage is a sacred union of one man and one woman. They also believe that photography is an artistically expressive form of communication and photographing a same-sex commitment ceremony would disobey God and the teachings of the Bible by communicating a message contrary to their religious and personal beliefs.

We conclude that Elane Photography’s refusal to photograph Willock’s ceremony constitutes a violation of NMSA 1978, Section 28-1-7(F) (2004) of the New Mexico Human Rights Act (NMHRA). As a result, we affirm the decision of the district court in favor of Willock.

Elane Photography is a limited liability company owned by Elaine and Jonathan Huguenin. Elaine Huguenin also serves as Elane Photography’s head photographer. Elane Photography offers photography services to the public on a commercial basis and primarily photographs significant life events such as weddings and graduations. However, Elane Photography has a policy of only photographing life events that communicate messages consistent with the Huguenin’s personal and religious beliefs. Elane Photography solicits customers by offering its services through its website, advertisements on multiple search engines, and in the Yellow Pages.

{3}    This case arose when Willock, who was involved in a same-sex relationship, emailed Elane Photography to inquire about photography for her upcoming commitment ceremony. Willock indicated in the email that this would be a “same-gender ceremony.” Elane Photography quickly responded, thanking Willock for her interest but explaining that Elane Photography photographs “traditional weddings.” Unsure what Elane Photography meant by “traditional weddings,” Willock sent a second email asking Elane Photography to clarify whether it “does not offer [its] photography services to same-sex couples.” Elane Photography responded affirmatively, stating, “[y]es, you are correct in saying we do not photograph same-sex weddings,” and again thanked Willock for her interest in Elane Photography.

{4}    Partner, without disclosing her same-sex relationship with Willock, sent an email to Elane Photography the next day. The email mentioned that Partner was getting married but did not specify whether the marriage was same-sex or “traditional.” Partner also asked Elane Photography whether it would be willing to travel for a wedding. Elane Photography responded that it would be willing to travel and included pricing information. Elane Photography also offered to meet with Partner to discuss options. When Elane Photography did not hear back from Partner, it sent a follow-up email to determine if Partner had any questions about the offered services.

B.    Procedural History

{5}    In December 2006, Willock filed a discrimination claim with the New Mexico Human Rights Commission (NMHRC) alleging that Elane Photography refused to offer its photographic services to Willock because of her sexual orientation. The NMHRC determined that Elane Photography was a “public accommodation” under NMSA 1978, Section 28-1-2(H) (2007). The NMHRC further determined that the evidence demonstrated that Elane Photography violated Section 28-1-7(F) by discriminating against Willock based upon her sexual orientation. The NMHRC ordered Elane Photography to pay Willock $6,637.94 in attorney fees and costs. Willock did not seek monetary damages.

{6}    Elane Photography appealed to the district court, invoking the district court’s original and appellate jurisdiction. It asked the court to review the NMHRC’s determination and to consider whether the NMHRC’s interpretation of the NMHRA violated (1) Elane Photography’s right to freedom of speech under the First Amendment of the United States Constitution and Article II, Section 17 of the New Mexico Constitution; (2) Elane Photography’s rights under the free exercise clause of the First Amendment to the United States Constitution and Article II, Section 11 of the New Mexico Constitution; and (3) Elane Photography’s rights under the New Mexico Religious Freedom Restoration Act (NMRFRA), NMSA 1978, Sections 28-22-1 to -5 (2000). Both parties filed motions for summary judgment. The district court denied Elane Photography’s motion and granted Willock’s motion for summary judgment. The district court upheld the NMHRC’s determinations that Elane Photography was a “public accommodation” under the NMHRA and that Elane Photography violated the NMHRA by discriminating against Willock based upon her sexual orientation. In its memorandum opinion and order, the district court also rejected Elane Photography’s constitutional and statutory arguments based upon freedom of speech, freedom of religion, and the NMRFRA. Elane Photography filed a timely appeal to this Court.