The Supreme Court of the United States (SCOTUS) has dealt a severe blow to religious freedom and freedom of speech in a highly publicized case involving a New Mexico photographer. 

The High Court has refused to hear the appeal of Elaine Huguenin, who was found guilty of “sexual orientation” discrimination for failing to photograph a same-sex ceremony. 

Huguenin owns Elane Photography along with her husband, Jon, in Albuquerque.  They are both committed evangelical Christians.  Elaine was approached in 2006 by a lesbian “couple” who asked her to photograph their civil union ceremony. 

When Huguenin declined to accept the job, the lesbian women filed a complaint with the New Mexico Human Rights Commission, alleging “sexual orientation” discrimination.    

New Mexico has adopted revisions to its “public accommodations” law that prohibits businesses and business owners from discriminating based on “sexual orientation.” 

The Human Rights Commission found Elaine guilty, and required her to pay $6,600 in attorney fees to the lesbian couple. 

The Huguenins filed an appeal.  In a shocking decision, the New Mexico Supreme Court ruled that the First Amendment right to the free exercise of religion did not apply to business owners such as Huguenin. 

New Mexico’s High Court stated that business owners are compelled to conform their convictions to those of their customers.  In the decision, one of the Justices stated that business owners are required to compromise their religious beliefs “as the price of citizenship.” 

The U.S. Supreme Court’s rejection to hear the case reflects a remarkable degree of high-level cowardice.  The Court has consistently held throughout the nation’s history that freedom of speech includes not only the right to speak but the “right to refrain from speaking.” 

Federal courts have repeatedly stated that the government cannot coerce private citizens to engage in compelled speech.  The government cannot mandate that an individual communicate a message which they find morally repugnant, including through the artistic license and creative work of a photographer.   

The Huguenins have been represented by the Alliance Defending Freedom (ADF) in this case.  David Cortman, senior counsel for ADF, condemned the Court’s failure to confront this crucial religious liberty case. 

Americans oppose unjust laws that strong-arm citizens to express ideas against their will.  Elaine and numerous other business owners are more than willing to serve any and all customers.What they are not willing to do is to promote messages that violate their core beliefs.  A government that forces any American to create a message contrary to her own convictions is a government that every American should fear.

Tony Perkins, President of the Family Research Council, says the Supreme Court’s refusal to hear the case allows lower courts to trample on the First Amendment rights of conscience of every American. 

Americans are being forced by government to buy Obamacare, and are now being forced to engage in speech with which they morally disagree.  Is our judicial branch writing the epilogue to the American experiment in religious liberty?  Americans cannot be silent any longer to this affront to our First Amendment freedoms.

The New Mexico Supreme Court decision flies in the face of overwhelming public opinion on this issue.  A Rasmussen survey found that more than 80 percent of American agreed that no photographer should be forced under penalty of law to take pictures of a homosexual ceremony.   

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Pastors, your church needs you to be engaged—fully engaged—in the issues people are facing every day. Maybe you are not personally facing these issues, but they might be. If congregants come to you for help and advice and all you say is, “Sorry to hear about this,” then you’ve failed them.

Elaine Hugenin, owner of Elane Photography, chose not to photograph a same-sex ceremony. Her religious convictions prevent her from using her talents to celebrate same-sex unions. When she declined to photograph the ceremony, the same-sex couple, ignoring Elaine’s right to freely exercise her faith, brought a case against Elane Photography and the New Mexico Supreme Court unjustly found her guilty of discrimination, even though the same-sex couple easily found and used another photographer to capture the ceremony.

I can’t help but wonder what counsel her pastor provided, if any?

In a similar situation, the owner of Arlene’s Flowers in Washington State declined to offer her floral services for a homosexual couple’s same-sex “marriage” ceremony. The state attorney general has filed a lawsuit against the flower company. Barronelle Stutzman believes her Christian convictions prevent her from supporting the same-sex “marriage” and does not want to violate her convictions. She is still being sued, even though dozens of flower shops can provide flowers for their ceremony.

What insights did her pastor offer during this troubling time?

When the owner of Masterpiece Cakeshop said he would rather close his business than violate his religious convictions by baking a cake for a same-sex ceremony, he was sued for discrimination. He is doing his best to stand firm and adhere to his faith but he is being attacked by locals within the community and the media. The same-sex couple, along with the ACLU, have filed a suit against Masterpiece Cakeshop, even though other bakeries could provide a cake for the ceremony.

What words of wisdom did his pastor offer during his hour of need?

Pastors often talk about controversial issues in a detached manner saying they are outside of the church and her scope. But these are real Christians—members of real churches—whose livelihoods, reputations, and lives are being attacked in a very public way. These issues are not outside the church, but within, and must be addressed so that these Christians can live their faith fully and carry their cross with the strength and support their church provides.

Pastors, congregants need you to be informed, engaged, and buttressed by your support and wisdom. If all you offer them during a difficult time is an obscure Bible verse, you might appear indifferent and uncaring. A shepherd needs to care for the needs of his flock, especially when their livelihood is at stake because of their Christian beliefs.

Pastors must be a solid rock for Christians during trying times when they are being assailed by our enemies.  They must be a counselor, friend, and inspirational resource. Make sure congregants know that they can come to you and count on your support. Here are two ways you can show your congregation your support during difficult times.

1.     Skip the rhetoric. Don’t recite sermons, prepared statements, or doxologies from books. Be a real friend, one who cries with them (Rom. 12:15), and is willing to walk by their side through this valley of darkness. I love sermons, Proverbs, Psalm and great quotes from men of God, but sometimes people just need a shoulder to cry on. Be that shoulder.

2.     Become a resource. (Ecc. 4:12) When a person’s character is being assaulted publicly and their livelihood is threatened, inspiring words only go so far. Become a resource for people in your congregation by making sure you are up-to-date on their situation, aware of laws and people and organizations that can help. Familiarize yourself with groups like Alliance Defending Freedom, the Family Research Council, and your local state family policy council that can provide legal and public policy resources.

Difficult times are opportunities for pastors to minister to the needs of their congregants. You will only be able to minister effectively if you are prepared. As ministers of the Gospel, we should endeavor to be “instant in season and out” (2 Tim. 4:2). When people need us, let’s be ready with God’s Word and the necessary resources to stand with those God has entrusted to our care.

This article by Pastor Nathan Cherry first appeared at the Alliance Defending Freedom’s Speak Up blog. You can see the original article and comments HERE.