There was the story of the photographer who, due to religious opposition, turned down business from a lesbian couple that tried to hire her to photograph their wedding. The lesbian couple sued and won.
1. The posting in #48 which the posting of the law was in answer to was religious organizations, a for profit photography business is not a "religious organization" form under Chapter 501(c)3 of the Internal Revenue Code.
2. The photographer was not "sued" a complaint was filed with the New Mexico Human Rights Commission.
3. The law in New Mexico (28-1-7. Unlawful discriminatory practice) States:
New Mexico Compilation Commission - Search Statutes, Rules and Decisions"F. any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap, provided that the physical or mental handicap is unrelated to a person's ability to acquire or rent and maintain particular real property or housing accommodation; "
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Are all businesses "public accomodations"? To me this is desgined to prevent places like hotels, resturants, transportation, etc from discriminating.
Basically, yes. Under New Mexico law if you provided services to the public on a commercial basis you fell under the "Public Accommodation" law.
(Not saying I agree with the law - personally I think a private business should be able to discriminate against whomever they want whether it be based on race, religion, gender, sexual orientation, veteran's status, marital status, parental status, or if you decide you want to dress like a pirate and say 'Aarrrgggg matey!" with certain exception in the even of life threatening medical emergencies. "Public Accommodations" should only apply to government entities and restrictions on the government in doing business with businesses that discriminate - other that that private business should be on their own.
Why would you even want a person who doesnt believe in same sex marriage photographing your wedding?
I wouldn't but what does that have to do with anything?
Human Rights commissions are fucking stupid. Either make it illegal via regular due process or leave it alone.
It was illegal under New Mexico Law.
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