Getting the wrong picture
This is the third in a series of articles addressing the absolute absurdity of establishing anti-discrimination laws on behalf of a peculiar, privileged group of individuals whose preferred sexual behavior flies in the face of established values and mores of civilized society. This article discusses one small business whose owners dared to say “no” to two lesbians who requested that they photograph their so-called same-sex commitment ceremony. What? You mean these small business owners acted on their faith-convictions and said they would not be part of any “ceremony” celebrating what by Biblical standards consider immoral behavior? Who are they to do such a thing?
SHUTTER THE THOUGHT
Much of the rest of this article is based on a discussion I heard between Tony Perkins and Attorney Jordan Lorence on a segment of the 4/25/08 broadcast of the Washington Watch Weekly Radio Show. Additional background information can be obtained from volokh.com.
Elaine and Jon Huguenin are a young Christian married couple in their twenties living in New Mexico. Elane Photography, Inc. is their business. Elaine is the photographer, her husband, Jon, works on the business end. A lesbian couple contacted them through their website requesting that they take pictures of their same-sex ‘commitment ceremony’. Elaine refused citing her Biblical convictions and beliefs. They were sued for DISCRIMINATION by the offended lesbians through the New Mexico Human Rights Commission (NMHRC). A trial was held in January 2008 with Alliance Defense Fund Senior Legal Counsel Jordan Lorence representing Elane Photography. In April they were notified that they lost the case and owed $6,600 in attorney fees.
The conclusion was reached despite the fact that there is no law on New Mexico’s books that recognize either same-sex “civil-unions” or same-sex “marriage”. On his Washington Watch radio show host Tony Perkins was puzzled by the verdict saying that there was no loss to the lesbian couple. The couple could have easily sought another photographer. It appeared to Mr. Perkins that this case was pure harassment and intimidation. Perkins indicated the state was using this case through the Commission and the non-discrimination laws to bring about public policy in society. Therefore, if any individual, a church or a business holds the conviction or belief that marriage is something sacred between only one man and one woman they could be subject to prosecution.
WHAT NEXT?
Jordan Lorence is filing an appeal in the New Mexico court system. If necessary the case will be taken to the U.S. Supreme Court. The USSC has ruled favorably in these types of cases in the past. The Boy Scout case and the Boston St. Patrick’s Day Parade are two examples when the high court rejected the application of these non-discrimination laws to First Amendment type actions such as the one in the Elane Photography case.
If such laws as the Employment Non-Discrimination Act (ENDA) are ever enacted, then we will routinely see cases like Crystal Dixon and the Huguenin’s take place. The result will include tying up the courts, silencing Christians, severely restriction freedom of speech and the free expression of one’s faith.
CONCLUSION
Attorney Lorence thought that this Elane Photography case was a show trial. The state. through the NMHRC according to Lorence, “is trying to make an example of people like those at Elane Photography to INTIMIDATE many, many other people. Both to deter them from acting on their Christian beliefs that marriage is between one man and one woman” and to eventually go after churches, which is their ultimate goal. We will discuss churches in the next article.
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