The Court ruled that her refusal of service unequivocally violated the New Mexico Human Rights Act (NMHRA), which protects against discrimination based on sexual orientation:
“We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.”
Moreover, abiding by the NMHRA’s nondiscrimination protections does not violate Elane Photography’s freedom of speech, because the law does not compel businesses to speak the government’s message or the message of another speaker. If Elane Photography wishes to be a public business, it does not sacrifice its freedom of speech, but it simply must abide by the law:
“If a commercial photography business believes that the NMHRA stifles its creativity, it can remain in business, but it can cease to offer its services to the public at large. Elane Photography’s choice to offer its services to the public is a business decision, not a decision about its freedom of speech. [...]
Elane Photography and its owners likewise retain their First Amendment rights to express their religious and political beliefs. They may, for example, post a disclaimer on their website or in their studio advertising that they oppose same-sex marriage but that they comply with applicable antidiscrimination laws.”
New Mexico Supreme Court Unanimously Rules Against Discriminating Anti-Gay Photographer | ThinkProgress