Photographer's right to refuse to photograph a commitment ceremony?

[Paul Diamond]

Leaving aside arguments on 'mandated speech'; I am interested whether folks 
think there is a particular right of 'conscience' (within the Constitution) 
as a distinct ground for accommodation and how far this would extend in 
employment or public service.

Paul.
----- Original Message ----- 
From: "Volokh, Eugene" <VOLOKH at law.ucla.edu>
To: "Law & Religion issues for Law Academics" <religionlaw at lists.ucla.edu>
Sent: Tuesday, January 29, 2008 6:26 PM
Subject: Photographer's right to refuse to photograph a commitment ceremony?


> 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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