In 2006, Vanessa Willock asked Elaine Huguenin — co-owner of Elane Photography in New Mexico — to photograph a same-sex “commitment ceremony” between Willock and another woman. Huguenin declined because same-sex marriage contradicts with her religious beliefs.
Willock was able to find another photographer for her ceremony, but decided to also file a complaint with the New Mexico Human Rights Commission accusing Elane Photography of discrimination based on “sexual orientation.”
Incredibly, the commission found that Elane Photography broke the law and ordered them to pay $6,637.94 in attorneys’ fees to the two women who filed the complaint.
The Huguenins appealed through the New Mexico court system, arguing that fining them for refusing to photograph a same-sex wedding ceremony that is against their Christian beliefs violates their First Amendment rights. The state courts all rejected the Huguenins’ arguments.
They are now asking the United States Supreme Court to take their case.
Alabama Attorney General Luther Strange today filed a brief joined by attorneys general from seven other states in support of the Huguenins’ petition that the Supreme Court take the case.
The brief argues that the First Amendment to the United States Constitution forbids New Mexico from coercing the Huguenins into photographing a same-sex marriage.
“Unfortunately, this case is another example of the ongoing attack on religious liberty in America,” Strange told Yellowhammer. “We must, and I will, continue to defend this sacred first freedom.”
Five highlights from the brief are as follows:
1.
It is the considered opinion of the amici States that New Mexico crossed the constitutional line here. The government cannot constitutionally compel the Huguenins to create and express a message on one side of a contentious cultural and political issue.
2.
By compelling Elane Photography to photograph a same-sex commitment ceremony, New Mexico is unconstitutionally requiring the photographer to create expression with a particular viewpoint—approval, validation and celebration of the ceremony.
3.
It is one thing to compel a business to serve people on an equal basis without regard to sexual orientation; it is quite another thing to compel a person to create photographs that communicate a message that he or she believes to be profoundly wrong.
4.
Under this Court’s precedents, Elane Photography cannot be compelled to create or communicate messages about same-sex ceremonies.
5.
Legislators and the general public could more intelligently craft and vote on legislation to address the claims of conscientious dissenters if they knew what protection, if any, the Constitution already provides to people like the Hueginins.
Strange has been an ardent defender of religious liberty during his time in office.
He fought earlier this year to get broader religious exceptions to the ObamaCare mandate that all businesses and non-profit organizations purchase insurance for contraception and sterilization.
“The government should not be in the business of forcing people to violate their religious convictions,” Strange said at the time.
Follow Cliff on Twitter @Cliff_Sims
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