Background via Advocate.com
The New Mexico Court of Appeals decided Elaine Huguenin was wrong to refuse shooting pictures of a commitment ceremony for Vanessa Willock after learning in 2006 that it was for a same-sex couple. Huguenin is owner of Elane Photography in New Mexico and claimed a religious right to discriminate.
Well, let's get one thing straight right off the bat. Operating a business that caters to the public is a
privilege, not a guaranteed right.
This is an indisputable fact, not subject to interpretation.
They enjoy the fruits of societal interaction, the public who's taxes pay for the police, the firefighters, the roads, the subsidization of the electrical grid, telephone lines all that infrastructure that makes it possible to create an environment that allows a business to exist in the first place.
This was clearly spelled out in the Civil Rights Act of 1964
TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation
SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.
I don't have anymore to say but you want to be a part of society and enjoy its benefits, you must follow the law. The law is clear, the photographer's actions and stated reasons for refusal are not in dispute.
This is not about religious freedom, you cannot enjoy the privilege of owning a public accommodation and discriminate. Period.
just wanted to get this out there quickly, feel free to add tags as you see fit, I won't take offense. ;-)
OOPS
In haste I neglected to include the language from the New Mexico Civil Rights Act of 1955 (which would be kind of important, as this is not a Federal case).
49-8-1. Declaration of Policy. It is hereby declared to be the policy of the state of New Mexico in the exercise of its power for the protection of the public welfare, to prohibit discrimination in places of accommodation, resort or amusement due to race, color, religion, ancestry or national origin.
49-8-2. Declaration of civil right. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement within the state of New Mexico subject only to the conditions and limitations established by law and applicable alike to all persons. This right is recognized and declared to be a civil right.
49-8-3. Equal right in places of public accommodation, resort or amusement. No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement within the state of New Mexico shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privilege thereof.