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
My boss thinks homosexuality is wrong, a sin, a lifestyle choice. We've had long philosophical debates about it outside of work. But you know what? He's sincerely just as nice to every gay customer who comes in as he is to the straight ones. I've never heard him say a bad word about them behind their backs. The only customers he complains about are the rude, bitchy ones, no matter their orientation. It *is* possible not to discriminate and still have your own personal beliefs.
Private business do have a right to refuse service for whatever reason. It may not be nice, but it is legal. Last I checked, being Black was not against anybody's religion. The reason the couple refused service is because it went against their religious beliefs. If they can exempt their kids from vaccines because it is against their religious beliefs, why could they not refuse service? It's not descrimination it's people excercising their religious freedoms whether you agree with it or not. I'm with TheSimpleTruth here. They chose to make it a platform instead of quietly refusing service.
I'm as liberal as they come, and from a country where same sex marriage has been legal for a decade to boot... and I think the photographer should be able to refuse service to whoever they like. I work part-time in the wedding industry, assisting a friend who has a home-based company that does hairstyling for weddings. We say 'no' to clients all the time- it has never been because of prohibited grounds of discrimination, but because, for instance, we've worked with someone before and know they are difficult, that they don't tip at all, that the venue is too far away, that they won't allow us time to actually do the work, etc. Generally we say, "Sorry, we can't accomodate you due to bookings." Sometimes it's true that we're booked, other times it's a nice way of saying, "Yeah... you know what? At your sister's wedding, you complained for an hour, made us style your hair three different ways, then yelled at us for running behind and didn't tip us. So.... hell no!" I've got no idea why the photographer couldn't say, "Sorry, I am booked that day." It's their business, their loss of income, their decision, and it could have been handled without any fanfare or publicity as easily as that!
These laws were enacted to prevent people who don't fit the majority mode from being unable to engage in the normal commerce of life like everyone else. If this business hung out a sign that said "we don't serve Christians(or women, or Puerto Ricans, or black people) or whatever group you belong to, you'd all be screaming bloody murder about YOUR rights. It's easy to say it doesn't matter when it isn't you who is affected.
This may not be the PC thing to say (especially coming from a liberal arts college graduate), but imma need everyone to quit lumping gay rights with racial discrimination. IT'S NOT THE SAME THING!!! Black people fought and died for racial equality. LBGT folks need to put in the same work (gasp)
I have no problem leaving somewhere I am not wanted. There are plenty of other businesses out there who will accept my money. There are even some towns I won't go to because I know my blackness isn't accepted.