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Old 06-05-2012, 12:15 PM  
The Rick The Rick is offline
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Court Says Gay Rights Trump Religious Rights


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Court Says Gay Rights Trump Religious Rights
By Todd Starnes

The New Mexico Court of Appeals upheld a ruling by the state’s Civil Rights Commission that a Christian photographer who refused to take pictures of a gay couple’s commitment ceremony violated the state’s discrimination law.

“Elane Photography may not discriminate in its commercial activities against protected classes as the basis for expressing its religious freedom,” Judge Tim Garcia wrote in a 45-page ruling.

The case dates back to 2006 when Vanessa Willock tried to hire Elane Photography for a “same-gender ceremony.” New Mexico law does not recognize either marriage or civil unions between persons of the same sex.

Elane Hugenin declined to accept the job and explained to Willock that because of their Christian beliefs the studio only handled “traditional weddings.”

In 2008 the New Mexico Human Rights Commission found Elane Photography guilty of “sexual orientation” discrimination. The studio is owned by a young Christian husband and wife who based their refusal on their religious beliefs.

The Court of Appeals determined that a photo studio is considered a public accommodation – much like a restaurant or a store. As such, the photo studio may not refuse services based on sexual orientation or gender identity – even if doing so would violate the religious principles of the owners.

“The owners of Elane Photography must accept the reasonable regulations and restrictions imposed upon the conduct of their commercial enterprise despite their personal religious beliefs that may conflict with these government interests,” Garcia wrote.

The Alliance Defense Fund, a Christian legal advocacy group, represented the photography studio. They plan to appeal the ruling.

“Americans in the marketplace should not be subjected to legal attacks for simply abiding by their beliefs,” senior counsel Jordan Lorence said in a statement. “Because the Constitution prohibits the state from forcing unwilling artists to promote a message they disagree with, we will certainly appeal this decision to the New Mexico Supreme Court.”

But the court ruled that once a business offers a service publicly, they must do so “without impermissible exception.”

Elane Photography posed a hypothetical situation to support its argument – imaging what would happen if an African-American photographer refused to photograph a Ku-Klux-Klan rally because the photographer “wanted to refrain from using her photography to communicate a message that she finds deeply offensive.”

However, Judge Garcia said the argument fails as a matter of law.

“The Ku-Klux-Klan is not a protected class,” he wrote. “Sexual orientation, however, is protected.”

The court ruled that the Christian photography company must pay fines totaling nearly $7,000.

You can read the entire court decision by clicking here.

Todd is the author of “Dispatches From Bitter America.” The book is endorsed by Sarah Palin, Mark Levin and Sean Hannity. Click here to get your copy!
http://radio.foxnews.com/toddstarnes...us-rights.html
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Old 06-05-2012, 06:50 PM   #16
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Originally Posted by Literature View Post
There is a small distinction between "sexual orientation" and "gay marriage" that I think is important, though. Sexual orientation is an immutable characteristic, but gay marriage is an act that one does.
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Old 06-05-2012, 06:51 PM   #17
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Is that not true?
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Old 06-05-2012, 06:52 PM   #18
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Originally Posted by Literature View Post
There is a small distinction between "sexual orientation" and "gay marriage" that I think is important, though. Sexual orientation is an immutable characteristic, but gay marriage is an act that one does.
He's not a priest asked to marry a gay couple. He's just a photographer. He's only being asked to take pictures.
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Old 06-05-2012, 06:54 PM   #19
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Originally Posted by alnorth View Post
He's not a priest asked to marry a gay couple. He's just a photographer. He's only being asked to take pictures.
Gay marriage pictures, though. Wedding pictures are supposed to be part of the larger celebration of the wedding. People want photographers who are basically celebrating with the couple. They are intended to apply their art in a way the best showcases the event.
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Old 06-05-2012, 06:56 PM   #20
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It shouldn't have been hard for this photographer to get them to buzz off.

"I'm sorry, but I don't do photos of gay weddings. Here are the phone numbers of a few who do. If you insist on hiring me, then I don't know if you'll be happy with my work because I don't do this sort of thing. Therefore, I'm going to ask you to sign this document which clearly says that due to my lack of experience with that kind of event, there is a very high probability that my pictures will not be acceptable to you, and you therefore waive all right to sue me to get your money back."

"No? You are going to hire someone else? OK, bye"
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Old 06-05-2012, 07:00 PM   #21
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Originally Posted by alnorth View Post
It shouldn't have been hard for this photographer to get them to buzz off.

"I'm sorry, but I don't do photos of gay weddings. Here are the phone numbers of a few who do. If you insist on hiring me, then I don't know if you'll be happy with my work because I don't do this sort of thing. Therefore, I'm going to ask you to sign this document which clearly says that due to my lack of experience with that kind of event, there is a very high probability that my pictures will not be acceptable to you, and you therefore waive all right to sue me to get your money back."

"No? You are going to hire someone else? OK, bye"
I would think so, and I would think that the gay couple would be okay. But we could easily come up with a similar conversation made by the racist with the black person looking for some food.
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Old 06-05-2012, 07:02 PM   #22
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Originally Posted by Literature View Post
I would think so, and I would think that the gay couple would be okay. But we could easily come up with a similar conversation made by the racist with the black person looking for some food.
If you aren't actually denying service, I don't think it is illegal to be a loudmouthed racist jerk who insults his customers.
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Old 06-05-2012, 07:09 PM   #23
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Put the word "gay" before "rights" and you have special rights which are not fundamental rights.
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Old 06-05-2012, 07:12 PM   #24
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Originally Posted by BucEyedPea View Post
Put the word "gay" before "rights" and you have special rights which are not fundamental rights.
Hmm. Do you think equal protection for black people is a fundamental right?
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Old 06-05-2012, 07:42 PM   #25
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Originally Posted by BucEyedPea View Post
Put the word "gay" before "rights" and you have special rights which are not fundamental rights.
fine. but until the bigoted assholes disappear in the rapture, some people need protecting.
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Old 06-05-2012, 07:57 PM   #26
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odd situation....as an Artist...I get to choose what I will and won't paint...pretty sure I can't be sued for refusing to work for a client.
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Old 06-05-2012, 08:11 PM   #27
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That's a law I doubt will stand much scrutiny.
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Old 03-23-2013, 04:56 PM   #28
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In response to critics who assert that claims made in The Pink Swastika are "baseless," or represent "wild speculation" we will provide extra documentation for certain key facts that will highlight the reliability of our sources. The first key assertion of the book is that the Nazi Party met in a "gay" bar, an outrageous claim to make if it were false, but let's look at the source.


This fact was gathered from German Journalist Heinz Hohne's 1971 printing of The Order of the Death's Head, called "A monumental achievement" by the New York Times Book Review.
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Old 03-23-2013, 05:23 PM   #29
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Old 03-23-2013, 05:27 PM   #30
Comrade Crapski Comrade Crapski is offline
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Where did respected journalist Hohne get his facts for the above passage?

Primarily, the Munich Criminal Court trial records. Secondarily, The Munich Post newspaper.


Wild speculation? The documentation speaks for itself


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