Photographer Found in Violation of New Mexico Discrimination Law
Tuesday, May 13, 2008 @ 09:15
A professional photographer was found in violation of New Mexico's Discrimination law when she refused to take photographs of a gay couple at their commitment ceremony because of her religious beliefs.
The court ruled that photographer Elaine Huguenin is to pay the plaintiff, Vanessa Willock the sum of $6,637 in damages for refusing to photograph her commitment ceremony.
The New Mexico Human Rights Commission found photographer Hugenin and husband, Jon, joint owners of Elane Photography, in violation of the state's Human Rights laws when they told Willock that they only photographed traditional marriages.
When the Commission ruled in favor of Willock, they ordered the Hugenins to pay the sum of $6,637, for Willock's attorney's fees and costs. Willock, in a statement issued through her attorney, stated that she was pleased with the Human Rights Commission ruling.
The Alliance Defense Fund, a Christian organization that defends issues of religious liberty, stated that they planned to appeal the decision to the state district court. "The fact that she [Huguenin] is a commercial business does not mean she loses her constitutional rights" ... and the government has no right to force people to choose between their livelihood and their faith. In the case of the Hugenins, it was allegedly their Christian faith that prevented them from photographing Willock's commitment ceremony.
Since the Commission, however, viewed Huguenin's business as a public accommodation, similar to a store or a restaurant, they felt that Huguenin's refusal to photograph the commitment ceremony amounted to a denial of equal access and therefore placed the photographer in violation of the law.
It will be interesting to see how this case plays out, as it will have a very strong bearing on how photographers in the future choose to select the clients they will work with, and what reasons they may have to provide when they decline to accept a client for personal reasons.
