Photographer's right to refuse to photograph a commitment ceremony?
Volokh, Eugene
VOLOKH at law.ucla.edu
Tue Jan 29 10:26:34 PST 2008
The ADF reports that the New Mexico Human Rights Bureau is
holding a hearing on a complaint against a husband-and-wife photography
business which who refused to photograph a same-sex commitment ceremony.
http://www.alliancedefensefund.org/news/story.aspx?cid=4369
I take it that the complaint is brought under N.M. Stats. sec.
28-1-7(F), which bars "any person in any public accommodation [from
making] a distinction, directly or indirectly, in offering or refusing
to offer its services, facilities, accommodations or goods to any person
because of race, religion, color, national origin, ancestry, sex, sexual
orientation, ...." Sec. 28-1-2(H) defines "public accommodation" quite
broadly, as "any establishment that provides or offers its services,
facilities, accommodations or goods to the public, but does not include
a bona fide private club or other place or establishment that is by its
nature and use distinctly private."
Say that the owners of Elane Photography -- specifically Elaine
Huguenin herself, who seems to be the principal photographer
(http://www.elanephotography.com/; warning: annoying soundtrack) -- have
a sincere religious objection to participating in what they see as a
sinful occasion. May they claim an exemption under the New Mexico RFRA?
Eugene
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