Friday, August 23, 2013

New Mexico High Court Says No Human Rights Law Exception For Wedding Photographer

In Elane Photography, LLC v. Willock, (NM Sup, Ct., Aug. 22, 2013), the New Mexico Supreme Court held that the New Mexico Human Rights Act requires a commercial photography business to serve same-sex couples on the same basis as opposite-sex couples. The 1st Amendment does not require an exception for creative or expressive professions. The court reasoned:
A holding that the First Amendment mandates an exception to public accommodations laws for commercial photographers would license commercial photographers to freely discriminate against any protected class on the basis that the photographer was only exercising his or her right not to express a viewpoint with which he or she disagrees. Such a holding would undermine all of the protections provided by antidiscrimination laws.
Finally the court held that the New Mexico Religious Freedom Restoration Act does not apply to the case because the government is not a party.

Concurring specially, Justice Bosson said in part:
... [T]his case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. 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.
Wall Street Journal reports on the decision.