The New Mexico Court of Appeals has ruled that it is illegal for a photography business owned by Christians to refuse to photograph a same-sex wedding ceremony—even though New Mexico law does not permit same-sex marriage.
The court based its judgment on the text of the New Mexico Human Rights Act (NMHRA), which makes it illegal "any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services . . . to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap."
"Elane Photography's owners are Christians who believe that marriage is a sacred union of one man and one woman," the court noted in its opinion. "Elane Photography denied Willock's request to photograph the ceremony based upon its policy of refusing to photograph images that convey the message that marriage can be defined to include combinations of people other than the union of one man and one woman … They also believe that photography is an artistically expressive form of communication and photographing a same-sex commitment ceremony would disobey God and the teachings of the Bible by communicating a message contrary to their religious and personal beliefs."
