LA Times Op Ed-Gay Rights: Can Discrimination Be Legal?
Exploring the legal and moral boundaries for discussion.
NY Times Source H/T Wrenchwench
Justice Richard C. Bosson concurred with the majority opinion, but uneasily.
“The Huguenins are not trying to prohibit anyone from marrying,” he wrote. “They only want to be left alone to conduct their photography business in a manner consistent with their moral convictions.” Instead, they “are compelled by law to compromise the very religious beliefs that inspire their lives.”
“Though the rule of law requires it,” Justice Bosson wrote, “the result is sobering.”
Very sobering indeed.
Elaine Huguenin, a wedding photographer, has asked the U.S. Supreme Court to overturn a ruling by New Mexico’s highest court that she was required by a state public-accommodations law to take pictures of a female couple’s “commitment ceremony.” Last week, a judge in Colorado ruled against a baker who had refused to supply a gay couple with a cake for their wedding reception.
Although religious scruples were at issue in both cases, the issue is primarily one of free speech. The 1st Amendment protects not only the right to express one’s own views but also a right not to be compelled to convey someone else’s.
In her petition to the Supreme Court, Huguenin warns that the decision against her threatens other “expressive professions” including “marketers, advertisers, publicists and website designers.”
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