The Tangled Web of Conflicting Rights

Elaine Huguenin, who with her husband operates Elane Photography in New Mexico, asks only to be let alone. But instead of being allowed a reasonable zone of sovereignty in which to live her life in accordance with her beliefs, she is being bullied by people wielding government power.

In 2006, Vanessa Willock, who was in a same-sex relationship, emailed Elane Photography about photographing a "commitment ceremony" she and her partner were planning. Willock said this would be a "same-gender ceremony." Elane Photography responded that it photographed "traditional weddings." The Huguenins are Christians who, for religious reasons, disapprove of same-sex unions. Willock sent a second email asking whether this meant that the company "does not offer photography services to same-sex couples." Elane Photography responded "you are correct."

Willock could then have said regarding Elane Photography what many same-sex couples have long hoped a tolerant society would say regarding them -- "live and let live." Willock could have hired a photographer with no objections to such events. Instead, Willock and her partner set out to break the Huguenins to the state's saddle.

Willock's partner, without disclosing her relationship with Willock, emailed Elane Photography. She said she was getting married -- actually, she and Willock were having a "commitment ceremony" because New Mexico does not recognize same-sex marriages -- and asked if the company would travel to photograph it. The company said yes. Willock's partner never responded.

Instead, Willock, spoiling for a fight, filed a discrimination claim with the New Mexico Human Rights Commission, charging that Elane Photography is a "public accommodation," akin to a hotel or restaurant, that denied her its services because of her sexual orientation. The NMHRC found against Elane and ordered it to pay $6,600 in attorney fees.CONTINUE READING