Business declined to photograph “commitment ceremony”

Monday’s U.S. Supreme Court ruling immediately drew comparisons with a 2006 case in which an Albuquerque business, Elane Photography, declined a request to photograph a “commitment ceremony” between two women in a same-sex relationship.

The request was refused based on the religious beliefs of the owners, Elaine and Jonathan Huguenin.

The woman who made the request, Vanessa Willock, filed a complaint with the New Mexico Human Rights Commission, which in 2008 held an administrative trial and ruled that the Huguenins were guilty of violating state laws that prohibit discrimination. They were ordered to pay more than $6,600 in attorney fees.

The decision that the photography studio violated state law was affirmed by the 2nd Judicial District Court and the New Mexico Court of Appeals before the case was appealed and upheld by the New Mexico Supreme Court.

It was subsequently appealed to the U.S. Supreme Court, which refused to hear the case, leaving the New Mexico Supreme Court decision in place.

ACLU New Mexico filed an amicus brief in support of Willock’s case and the Huguenins were represented by the Alliance Defending Freedom, which has offices in Washington, D.C., and Scottsdale, Ariz.

“The two cases are factually similar in that both businesses provided services that people use for special occasions, such as weddings, and once the operators of these public accommodations found that the wedding was for a gay couple, they refused to supply the accommodation,” said Leon Howard, legal director of ACLU New Mexico.

In New Mexico, the refusal violated the state’s Human Rights Act; in Colorado, it was a violation of that state’s Anti-Discrimination Act.

The primary difference between the two cases is the Colorado case was tarnished by what U.S. Supreme Court justices said was a hostility toward religion on the part of the Colorado Human Rights Commission.

The case involving the New Mexico photography business, when reviewed by the state Supreme Court, “found no evidence of such hostility toward religion by the New Mexico Human Rights Commission,” Howard said.

Under the New Mexico Human Rights Act, Howard said, people are protected from discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, physical or mental disability, medical condition or spousal affiliation.

That discrimination extends to public accommodation, housing, employment and access to credit.