Christian Photographer Loses Religious Liberty to Charges of Homosexual Bias 

The Alliance Defense Fund is appealing a decision by a state appeals court in New Mexico which found a Christian photographer guilty of “sexual orientation” discrimination. 

The case involves Elane Photography, a photographic studio in Albuquerque, New Mexico.  Owners Jon and Elaine Huguenin are active in the wedding photo business. 

Elane Photography was approached by a lesbian “couple” in 2006 to photograph their “commitment ceremony.”  When the Huguenin’s declined the request based on their religious beliefs, the couple filed a complaint with the New Mexico Civil Rights Commission alleging “sexual orientation” discrimination. 

The Commission found the Huguenin’s guilty of the charges in 2008, and ordered Elane Photography to pay the lesbian “couple” $6,600 in attorney’s fees.  The Commission reached its conclusion despite the First Amendment’s guarantee to the free exercise of faith without government interference.  

Now a New Mexico Appeals Court has upheld the Civil Rights Commission’s decision.  The appeals court affirmed a district court decision that the photography studio is a “public accommodation” and cannot refuse service based on “sexual orientation.”   

“Americans in the marketplace should not be subjected to legal attacks for simply abiding by their beliefs,” says ADF Senior Counsel Jordan Lorence.  “The Constitution prohibits the state from forcing a photographer to promote a message that violates her conscience.”    

The Appeals Court stated that it would be permissible for Elane Photography to refuse to photograph animals or small children, but not homosexual “couples.”  “Neither animals or small children are protected classes, but sexual orientation is,” the Court said.

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