In 2006, Vanessa Wilcock sued Elane Photography for refusing to photograph her commitment ceremony with her partner. Consisting of husband and wife team Elaine and Jonathan Huguenin, the company politely declined, stating that it did not photograph same-sex ceremonies.
Wilcock did what any rational person would do and found another photographer willing to work within her parameters. Oh wait, no she didn’t -- she filed a lawsuit against the Christian couple for violating the New Mexico Human Rights Act (NMHRA). For equality!
The court sided with Wilcock, then Elane Photography appealed, and last week, the Court of Appeals of the State of New Mexico upheld the lower court’s decision. Elaine and Jonathan Huguenin were found guilty of unlawfully discriminating against lesbians.
What happened to the right to refuse service?
This is not a civil rights issue; it’s a freedom of religion issue. Like it or not, homosexuality is a lifestyle, whether one is born with the innate desire to live it or chooses it him or herself. Wilcock and her partner were specifically demanding that the couple behind Elane Photography act in a way that is contrary to their belief system.
The Huguenins were not on a crusade to end homosexuality, or petitioning other businesses not to take on gay couples. They only declined to photograph a particular couple because they felt uncomfortable doing so. What business is it of the government’s to decide what articles of faith someone might practice?
Freedom of choice in the country is a fantastic thing. Gay people are no longer forced to live in the shadows of society, hiding their ‘shameful’ secret from friends and family. That doesn’t mean that they have higher status than other people, or that their rights trump anyone else’s.
A person’s rights end where someone else’s begins … except for gay people in New Mexico. Their rights apparently supersede freedom of religion and expression, not to mention the free market.
Image via Annafur/Flickr
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Comments 153
It's a bit absurd to claim homosexuality is a "lifestyle". It's not clubbing, or "going green", or becoming a biker, it's a sexuality. I'm sure you didn't decide you were straight one day, that's just the direction your hormones and body parts pointed you in. Homosexuals have the same onset of attraction as straight people do. While going to sue the photographer is a bit absurd and a waste of time and effort, it's still pretty ridiculous to turn down someone's money because they wanted to make a commitment to the person they love, not the person they SHOULD love by your standards. (P.S. lol @ conservatives having it rough, last time I checked you're the group taking rights away from people simply because you don't "believe" in them.)
"So, as a lesbian who works as a photographer, I can get away with saying "I won't photograph straight weddings" according to you."
Yes! That is the beauty of America. You as a business owner can choose who you want to do business with! Isn't it amazing! :)
These people need to GET OVER ITTTTT. All people do nowadays are bitch and complain about being "offended" and "violated". It's the photographer's business if they want to film it or not! Their "rights" were not being compromised or taken away, one photographer did not want to do their wedding. Who cares? Find another one and go away.
Sorry JenJen but Elane Photography broke New Mexico state law. If you don't like it don't come here.
The couple should respect her religious beliefs and accept them like they expect everyone to respect and accept their sexuality. Oh wait, guess it doesn't work both ways, my bad.
Like it or not, homosexuality is a lifestyle,
~~~
That baffles me b/c I'm not sure of when I chose heterosexuality as my lifestyle. I can't quite pin that moment down when I realized Iiked guys instead of gals...but my sexual preference is my lifestyle choice, right? I can get my picture taken by anyone, whenever and not have to feel a fool for not falling into a certain POV others may have.
I can only imagine a gay photographer telling straights they refuse to take their wedding photos, that'd not go over well at all.
Fraoch, Why dont you post the WHOLE quote that Jenny not just a snippet??
I remember that I said in another post, that they only reason why I sorta had a problem with the term "marriage" is because I can see gay couples sueing churches for not marrying them. If they are going to sue a photographer for not shooting their wedding, then whats to stop them now from sueing churches? Its not anything different. They can start claiming that their civil rights are being violated. Which I do not understand, because they could of went to another photographer. I guess they want to put them out of business. How hateful of the lesbian couple.