New Mexico Supreme Court Rules Against Photography Company in Religious Freedom Dispute

Written by Don Byrd
The New Mexico Supreme Court today ruled that Elane Photography violated the state’s Human Rights Act by refusing to provide services for a same-sex wedding ceremony, saying that such a refusal is barred by the law “in the same way as if it had refused to photograph a wedding between people of different races.” The company argued that such an interpretation of the law is an unconstitutional infringement on their free exercise and free speech rights under the First Amendment and the state’s Religious Freedom Restoration Act, but the Court disagreed.

The majority found that the NMHRA is a neutral law and is generally applicable. Therefore, the Court concluded, the right to freely exercise religion does not relieve Elane Photography from its enforcement. Additionally, it found the New Mexico RFRA doesn’t apply here because it applies only when the government is a party to the action. Here, the dispute is between two private parties, the photography company and the same-sex couple who were denied service.

Perhaps the most striking section of the opinion, however, is from concurring Justice Richard Bosson, who tackled head-on the very delicate and difficult religious liberty issues raised by this case and others like it. With obvious respect for the religious views of the plaintiff photographers, the Huguenins, Justice Bosson explains why he finds against them.