State's highest court to review fine for faith
And the New Mexico Supreme Court will likely uphold the lower courtÂ’s ruling, as the opinion is consistent and reasonable.
As the court correctly notes, the StateÂ’s anti-discrimination law in no way preempts a practice protected by the First Amendment, and Elane Photography is clearly subject to public accommodation laws prohibiting discrimination:
[T]he [New Mexico Human Rights Act] prohibits discriminating in services offered to the public, but it does not require Elane Photography to identify with its clients or publically showcase client photographs. Elane Photography generally retains copyright on all photographs and displays them on Elane Photography’s website, but as Willock points out, these are “discretionary business practices.” Elane Photography could choose not to retain the copyright or otherwise display the photographs for viewing. Without Elane Photography taking further actions to broadcast or disseminate the Willock photographs, Elane Photography’s conduct in accepting or refusing services does not express a message. As a result, regulating Elane Photography’s discriminatory conduct does not violate the First Amendment.
We conclude that Elane Photography is a public business and commercial
enterprise. The NMHRA was meant to reflect modern commercial life and expand protection from discrimination to include most establishments that typically operate a business in public commerce. As a result, Elane Photography constitutes a public accommodation under the NMHRA definition and cannot discriminate against any class protected by the NMHRA.
http://www.nmcompcomm.us/nmcases/nmca/slips/CA30,203.pdf
There is consequently no such thing as a ‘fine for faith.’
Those who support Elane Photography’s acts of discrimination do so motivated solely by their animus toward homosexuals, having nothing to do with ‘religious freedom’ whatsoever. The ‘religious freedom’ argument is but a façade behind which they conceal their hate and ignorance.