Court: Christians cannot refuse to photograph same-sex ceremonies

August 23, 2013

In a 5-0 decision, the New Mexico Supreme Court upheld a lower court determination that it is illegal for a photography business owned by Christians to refuse to photograph a same-sex wedding ceremony--even though New Mexico law does not permit same-sex marriage.

The courts based their decisions on the text of the New Mexico Human Rights Act (NMHRA), which makes it illegal for “any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services . . . to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap.”

Referring to the business’s owners, Justice Richard Bosson said in his concurring opinion that the “Huguenins today can no more turn away customers on the basis of sexual orientation--photographing a same-sex marriage ceremony--than they could refuse to photograph African-Americans or Muslims.”

“All of which, I assume, is little comfort to the Huguenins, who now are compelled by law to compromise the very religious beliefs that inspire their lives,” he continued. “Though the rule of law requires it, the result is sobering. It will no doubt leave a tangible mark on the Huguenins and others of similar views.”

He added:

On a larger scale, this 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. The Huguenins are free to think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life.

In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.

 

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Further information:

• New Mexico photographer loses gay marriage case (Deseret News)
• Full text of decision
• Court rules it’s illegal for Christians to refuse to photograph same-sex ceremonies (CWN, 6/5/12)