NM Supreme Court Rules Refusal to Photograph Gay Wedding Illegally Discriminates

Discussion in 'Too Hot for Swamp Gas' started by GatorBen, Aug 23, 2013.

  1. GatorBen
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    GatorBen Well-Known Member

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    http://www.nationalreview.com/corner/356498/nm-supreme-court-finds-refusing-photograph-gay-wedding-illegal-sterling-beard

    New Mexico Supreme Court affirmed the lower court, ruling that a photographer who refused to photograph a gay marriage ceremony violated New Mexico's prohibition on discrimination in public accomodations.

    They also rejected the argument that the anti-discrimination law violated the owner's first amendment rights (both free speech and free exercise).

    Of note:

    The free speech parts don't have real clean summary paragraphs to quote, but as I predicted in the last thread about one of these cases, the court found the SCOTUS decision in Rumsfeld (about compelling law schools to host JAG recruiters despite stiff opposition to DADT) quite persuasive and relies on it heavily.

    Full opinion here: http://www.nmcompcomm.us/nmcases/nmsc/slips/SC33,687.pdf
  2. gatorchamps0607
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    gatorchamps0607 Always Rasta

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    I support gay marriage but I don't support this BS from the Supreme Court. I should be able to refuse to lend my services to anyone, regardless of my reasons. Im really sick of our government coming in and telling us how to live every single aspect of our lives.
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  3. GatorBen
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    GatorBen Well-Known Member

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    Well, I think that's sort of a distinct argument. It's more of an argument against having a public accomodations anti-discrimination law.

    Once you do, however, (and New Mexico does) in my opinion these kinds of actions pretty clearly violate it. New Mexico's courts can't just pretend the NMHRA (New Mexico Human Rights Act, their anti-discrimination law) doesn't exist, so I think your complaint would actually be with the legislature, not the courts.
  4. g8trjax
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    g8trjax Well-Known Member

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    Sounds like a good reason to get the hell out of New Mexico.
  5. g8orbill
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    g8orbill Gators VIP Member

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    what a totally reee dick uh luss decision-
  6. rivergator
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    rivergator Well-Known Member

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    i don't know. this seems different than not letting gays or blacks into your restaurant. seems different than refusing to photograph blacks.
  7. gatorchamps0607
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    gatorchamps0607 Always Rasta

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    Being gay is a choice though.
  8. GatorBen
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    GatorBen Well-Known Member

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    Well, it's not one of the sections I quoted, but the defendant had argued that taking this action would mean that you could force a black photographer to take photographs depicting the Klan in a positive light.

    The court responded that of course it doesn't because the Klan isn't a protected class, but accepting her argument would mean that a photographer who happened to be a member of the Klan could refuse to take photographs of black clients that would reflect black people in a positive light, which is plainly within the scope of what the public accomodations anti-discrimination law was supposed to prevent. Essentially that accepting her arguments would create an exception for discriminatory viewpoints which would swallow the whole anti-discrimination law.

    The court focused on the "distinction" language of their law in the second paragraph that I quoted to explain why "I don't refuse to do anything for gay people, only certain things" doesn't negate the violation of the statute.
  9. gator85jd
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    gator85jd New Member

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    If I were a photographer or caterer and forced by our "justice" system to provide services for two homosexuals getting married, I would give them the crappiest product they ever imagined.
  10. orangeblueorangeblue
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    orangeblueorangeblue Well-Known Member

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    That would teach them a lesson!
  11. oaklandroadie
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    oaklandroadie Well-Known Member

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    Photographers forced to photograph weddings the state of New Mexico doesn't recognize?
  12. GatorBen
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    GatorBen Well-Known Member

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    Sure, because that's wholly irrelevant. The state of New Mexico doesn't recognize a quinceañera as a legally significant event either, but if a photographer said "Nah, I won't photograph Mexican peoples' birthday parties" you better believe it would violate the anti-discrimination law.
  13. g8rjd
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    g8rjd Well-Known Member

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    I'm impressed you figured out how to put a tilde in your post.
  14. gator85jd
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    gator85jd New Member

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    Post from an iPhone and it does it for you, señor!
  15. GatorBen
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    GatorBen Well-Known Member

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    ¿You mean a ¡phoñé!?
  16. g8rjd
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    g8rjd Well-Known Member

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    Damn computer keyboard! ;)
  17. gatordowneast
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    gatordowneast Well-Known Member

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    You can have the state. Santa Fe is nice as is Taos. The rest of the state is El Paso. Pass.
  18. malligator
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    malligator Well-Known Member

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    Exactly. Good food. Crappy state.
  19. MichiGator2002
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    MichiGator2002 VIP Member

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    Surely the remedy for the gay couple couldn't have been to force the guy to photograph their event. Maybe they can squeeze the cost of getting someone else or some other damages from him, or the state can fine him or even jail him I guess if they deem this "discrimination" a crime, but unless the hourglass on freedom has been truly flipped and the grains pouring out, specific performance of a contract the guy explicitly did not enter is unconscionable.
  20. corpgator
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    corpgator Well-Known Member

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    Since when?

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