The photographer found to have violated
the New Mexico Human Rights Act (NMHRA) when she refused to
photograph a lesbian couple's commitment ceremony in 2006 has filed
an appeal of her case to the U.S. Supreme Court.
The hight court is expected to decide
in late fall or over the winter whether to hear the appeal, which was
filed Friday.
The New Mexico Supreme Court in August
unanimously ruled against Elane Photography, saying that owners
Elaine and Jonathan Huguenin violated the state's law which protects
individuals from discrimination on the basis of sexual orientation.
In a legal brief filed in New Mexico,
the couple insisted that they are not hostile to gays, but are
opposed to photographing their ceremonies because of their religious
views.
“Jonathan and Elaine are Christians,
and as such, they believe the Bible's teaching that marriage is the
union of a man and a woman,” the brief states. “They also
believe that preserving marriage as the union of a man and a woman is
'the best way to order society.' Thus while the company wants to
create photographs that tell the stories of weddings between a 'bride
and groom,' its policies prohibit creating images that convey an
understanding of marriage that conflicts with Jonathan and Elaine's
beliefs. Jonathan and Elaine believe that if they were to convey a
contrary message about marriage, they would be disobeying God.”
“Elaine will create portrait
photographs for and provide other services to people who identify as
homosexual so long as the message communicated through her pictures
does not conflict with her beliefs about marriage.”
Equality
On Trial, however, points out that the New Mexico Supreme Court
found evidence that the Huguenins are also opposed to photographing
gay couples in settings unrelated to marriage.
“Elane Photography argues that it
would have taken portrait photographs and performed other services
for same-sex customers, so long as they did not request photographs
that involved or endorsed same-sex weddings. However, Elane
Photograph's owners testified that they would also have refused to
take photos of same-sex couples in other contexts, including photos
of a couple holding hands or showing affection for each other. Elane
Photography also argues in its brief that it would have turned away
heterosexual customers if the customers asked for photographs in a
context that endorsed same-sex marriage,” the court wrote in its
opinion.