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365Gay.com
Photographer To
Appeal Human Rights Fine
For Refusing To Take
Gay Couple Pictures
From the Web, April
14, 2008
Albuquerque, New Mexico --
Attorneys for a photographer say they appeal "as for as it will go" a finding
that she violated the New Mexico human rights law by refusing to take pictures
of the commitment ceremony of a lesbian couple.
Vanessa Willock filed a complaint with the New Mexico Human Rights Commission
alleging that when she and her partner approached photographer Elaine Huguenin
to photograph the ceremony they were told by Huguenin she would only photograph
traditional marriages.
Following an investigation and hearing the commission issued a one-page ruling,
finding that Huguenin had violated the state Human Rights Act and ordered her to
pay $6,637 for Willock's attorney's fees and costs.
Huguenin was represented by the Alliance Defense Fund, a conservative Christian
law practice involved in fighting LGBT rights in a number of states.
AFD maintains the commission failed to take into consideration Huguenin's
religious protections which also are guaranteed under the US Constitution.
"The fact she is a commercial business does not mean she loses her
constitutional protection, ADF senior counsel, Jordan Lorence told The
Associated Press.
"The constitution prevents the government from forcing people to choose between
their faith and their livelihood," , he said.
"There's a great artistic component to photography, and a lot of messages are
communicated with a wedding-type ceremony ... No one should be compelled to
participate in a ceremony when they disagree with it. The government is
compelling speech here in a way that violates the First Amendment."
Jordan said he plans to appeal to state district court, but did not rule out
appeals all the way to the US Supreme Court.
Wilcock's attorney, Julie Sakura, said she was pleased with the commission
finding and believed it will stand up in appeal.
"I feel that it is an important decision towards defining the responsibilities
of business when they offer their services to the public in this state," she
told The AP.
Legislation to recognize domestic partnerships was approved last year in the New
Mexico House but died in committee in the Senate earlier this year.
A recent study estimated there are more than 6,000 same-sex couples in the
state, with almost 30 percent raising children.
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