A New Mexican photographer forbidden by state law to discriminate against gays is appealing her case to the U.S. Supreme Court arguing that it is against her free speech rights to be forced to tell the story of gay marriage with her photography. Those arguing for the photographer say that photographers, painters, actors have the right to accept or reject work due to the expressive nature of their work. (The New York Times, November 18, 29013, by Adamd Liptak)
The New Mexico Supreme Court ruled against the photographer August 22, “We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the anti-discrimination provisions of the [New Mexico Human Rights Act] and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races,” the court opined. (ABA Journal, August 22, 2013, by Molly McDonough)