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Tuesday, July 01, 2008

Ruling Against Christian Photographer Appealed


Associated Press
      A Christian organization has appealed a ruling that a professional photographer who refused to take pictures of a gay couple's commitment ceremony violated New Mexico's discrimination law.
    The New Mexico Human Rights Commission ruled in April that Elane Photography violated the state Human Rights Act by discriminating against Vanessa Willock on the basis of sexual orientation. The commission said she should pay $6,637 for Willock's attorney fees and costs.
    Willock complained to the commission in December 2006, contending that Albuquerque photographer Elaine Huguenin told her that she photographed only traditional marriages. Huguenin and her husband, Jon, own Elane Photography.
    The commission viewed Huguenin's business as a public accommodation, similar to a restaurant or a store.
    The Alliance Defense Fund, a Washington, D.C.-based legal alliance of Christian attorneys and others, filed an appeal on Tuesday, asking the state district court to reverse the commission's decision and dismiss Willock's complaint.
    "Christians in the marketplace should not be penalized for abiding by their beliefs any more than anyone else should," said ADF's senior counsel, Jordan Lorence, who said the commission's decision "demonstrated stunning disregard for our client's First Amendment rights."
    Willock's attorney, Julie Sakura of Santa Fe, could not be reached Tuesday to comment.
    Lorence, in an interview in April, argued that even if the studio were a public accommodation, it's protected by the First Amendment guarantee of freedom of religion.
    The appeal notes New Mexico does not recognize any sort of legal unions between same-sex couples.
    The state Senate this year shelved a proposal to allow for domestic partnerships after critics expressed concern that the measure was similar to recognizing gay marriage.

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