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
They were discriminated against just because they were of the same sex. that is wrong. it would be the same thing if they were African- American, or Muslim or of any other people that are discriminated against.
No one has the right to refuse service because of race creed or sexual orientation. Wrong is wrong.
If I am supposed to respect their rights then why should they not respect mine? I'm all for anybody getting married to the person they are in love with no matter race, sexual preference etc. Why should some one that owns a business HAVE to take a client they do not want? I think that they should appeal again it doesn NOT make sense to me..
I think gay people are born that way and do not choose a gay lifestyle. I believe that gay people should be able to be married, with all of the rights afforded to straight couples. That being said, whether it was religion or whatever, if a business chooses to lose money over personal beliefs, I feel that it should be their right. Now, if they were performing a civil service, or a service in which equality for all tyoes of reasons is to be expected (like employment/medical treatment, etc) then it would be different, but this is a wedding photographer. People should just lie and say that some are too ugly to be photographed. See? you were born like that and cant help it and I cant help my uncomfortability around goons. Problem solved, clear the court dockets and find a nice photographer!
I have NO PROBLEM at all with people are gay, it has nothing to do with me. Live how YOU want, that being said, usually photographers work for themselves and have the right to refuse service to anyone. If it goes against what they want to be apart of then fine. Don't get paid and don't have another reference. But that is their choice. People need to get over things and quit suing for everything. Find another photographer, easy as that.
Normally I don't agree with a lot of "The Stir"'s articles. However, one can refuse any job. If someone doesn't want to take a job, they don't have to, it doesn't matter why. A homosexual person can refuse to photograph a heterosexual wedding if they so choose.
You don't have to do anything you're uncomfortable with. Besides, why would you want someone who is like that anyway to BE your photographer?
If they made the BIG mistake of giving that as the reason, then it's on them to be sued. I'm tired of having christianity forced down my throat and happy someone finally stood up to the bigots! Good for them knowing their rights and taking a stand against the close minded! The photographers could have just politely bowed out, said they had conflicting appts that day, anything BUT they chose to give an excuse that was just hateful and wrong. Glad they got what they had coming to them! Hope they advertise from now on that they only service white, heterosexual, close minded "god fearing" couples so there is no more issue.