My thoughts on this case...
Isn't it within the photographer's rights to decline an offer of work? It seems to me that the New Mexico Human Rights Division is taking this case to an extreme. Why was it so important to the couple that Elane Photography take pictures at their wedding? There is no evidence suggested here that they said anything discriminatory, they just didn't want to take part in this couple's ceremony. That's their right. This is capitalism. If someone doesn't want to accept a job, they cannot be made to do so.
There is no law that says a photographer, or a pastor for that matter, has to take part in a ceremony if they don't want to. It's their right to decline the money on a matter of conscience. My home church refuses to marry couples who are sexually-active...does that mean that they are being discriminatory? I don't think so. They are setting standards for the marriages that they want to perform, standards that match their personal views. I can't get married in a Catholic church because I'm not Catholic, nor can I attend a Mormon wedding because I'm not Mormon. I don't think that's discriminatory, those are their standards.
Surely the couple could have found another photographer, just like they could have found another way to get married than to go to my home church (which, incidentally, also will not marry same-sex couples). It's against the First Amendment to force a private citizen or institution, like a church, to perform something against their religious beliefs. That's impeding free exercise of religion.
The government can do whatever they want. They're not following Christian standards anyway. The US stopped being a "Christian nation" a long time ago. The government and court system cannot force someone to break their belief standards. That's unconstitutional.
7 comments:
I am both a Christian, and a Photography student, and I agree with you. Should a Pastor also be sued for refusing to do a same-sex marriage? Would a church be sued for refusing to have a same-sex marriage in their building? In my mind its common sense, if you are having a same-sex marriage, don't hire a Christian photographer.
Robert
Robert,
If you check out some of the other stories on the site you'll find that both pastors and churches are also being sued for refusing to perform same-sex marriages. I think the most publicized case is in NJ. Scary? My home church is being sued over our property because we disagreed with an overarching church body on this issue. I posted about it a couple times in December, if you're interested.
Abri
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