Monday, November 11, 2013

Supreme Court Review Sought By Photographer Who Refused Employment For Same-Sex Wedding

A petition for certiorari (full text) was filed Friday with the U.S. Supreme Court in Elane Photography, LLC v. Willock. In the case, the New Mexico Supreme Court held that the state's Human Rights Act requires a commercial photography business to serve same-sex couples on the same basis as opposite-sex couples, and that the 1st Amendment does not require an exception for creative or expressive professions. (See prior posting.) The cert. petition frames the Question Presented as:
Whether applying a state public-accommodations statute to require a photographer to create expressive images and picture-books conveying messages that conflict with her religious beliefs violates the First Amendment’s ban on compelled speech.
ADF issued a press release announcing the filing of the petition.