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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 03-25-2013, 08:03 AM   #106
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Originally Posted by patteeu View Post
It doesn't take a rocket scientist to figure out that I don't always agree with SHTSPRAYER. The most recent public poll in DC has us on opposite sides.

I just did a quick count and of the 11 threads that were potentially bumped off of the front page, 6 of them haven't been posted on in 48 hours and the rest are older than that. And several of those were most recently active because SHTSPRAYER was posting in them. No harm was done. Like I said in a previous post, most of the DC traffic of late has been generated by SHTSPRAYER. That's a good thing, not a bad thing.

Bumping 11 old threads in the Lounge would be a different story since there's more activity there. In this ghost town, it's a time for celebration. When DC picks back up, it might be a problem, but not now.
You wanna know another one of the rules, Pat? When you've been banned, don't come back and make it obvious you are a mult of said banned poster. Ask Joey, and Hootie how that has worked for them. A couple of guys that I advocated strongly to bring back. Hell, I brought back SHTSPRYR. Those are the rules. It's funny how you seem to like the order of things in our political structure under a conservative government, but want all out anarchy on this message board.
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Old 03-25-2013, 08:05 AM   #107
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Originally Posted by patteeu View Post
I don't think Direckshun deserves to be banned for his serial thread posting. Without pot stirrers like Direckshun and SHTSPRAYER, we wouldn't have nearly as much to talk about.
Which is why I brought him back. I was wrong. As long as he can hold himself to a certain standard on the board (ya know, not being an overt racist) he absolutely should be here. And he'll be back Patty. Hold your head up high there, champ. He'll be back. I always hated it when my friends got grounded when I was a kid. Felt like I was being punished too...
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Old 03-25-2013, 08:17 AM   #108
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It's all good man. I did misunderstand it, but I wasn't worried. You're my boy, blue. Our friendship extends beyond this board.
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Old 03-25-2013, 09:09 AM   #109
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Originally Posted by Mr. Flopnuts View Post
You wanna know another one of the rules, Pat? When you've been banned, don't come back and make it obvious you are a mult of said banned poster. Ask Joey, and Hootie how that has worked for them. A couple of guys that I advocated strongly to bring back. Hell, I brought back SHTSPRYR. Those are the rules. It's funny how you seem to like the order of things in our political structure under a conservative government, but want all out anarchy on this message board.
Sometimes you say things that aren't very smart. This is one of them. I like freedom. I like rules only when they are necessary, and only when they are spelled out clearly and coherently. And I like authority figures to be held accountable for applying rules consistently. I don't like vague rules and arbitrary enforcement. All of those things apply to my approach to politics and my approach to message boards.
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Old 03-25-2013, 10:20 AM   #110
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Originally Posted by patteeu View Post
Sometimes you say things that aren't very smart. This is one of them. I like freedom. I like rules only when they are necessary, and only when they are spelled out clearly and coherently. And I like authority figures to be held accountable for applying rules consistently. I don't like vague rules and arbitrary enforcement. All of those things apply to my approach to politics and my approach to message boards.
I have to admit Pat, I do look forward to bantering with you. It's entertaining for me. You are a wordsmith, and I'm usually amused by it. Don't you change a thing.
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Old 03-25-2013, 10:29 AM   #111
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No no no. Libs assured me this was not the case, that I had nothing to fear, that this stuff wouldn't happen, and they weren't even interested in pushing it either. This must be a mistake.
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Old 03-25-2013, 10:35 AM   #112
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Originally Posted by Mr. Flopnuts View Post
I have to admit Pat, I do look forward to bantering with you. It's entertaining for me. You are a wordsmith, and I'm usually amused by it. Don't you change a thing.
OK. That's what I'm here for. I'm happy to be of service!
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Old 03-25-2013, 11:02 AM   #113
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All dude had to say was I am booked doing something else at that time. It's the same if you have renters that you do not want to rent to for whatever reason.
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Old 03-25-2013, 01:49 PM   #114
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Is there somebody on this board who really thinks that people who own businesses should still be able to refuse service based on prejudice? Why is this an issue? I would think that even the most ardent, anti-gay, super christian would have told this business owner that they should know better than to turn away gay people and tell them that they're being turned away for that reason!

Might as well hang a "whites only" sign on the door.
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Old 03-25-2013, 01:59 PM   #115
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Quote:
Originally Posted by Prison Bitch View Post
No no no. Libs assured me this was not the case, that I had nothing to fear, that this stuff wouldn't happen, and they weren't even interested in pushing it either. This must be a mistake.

The decision doesn't really say what the thread title says it says, and no libs with any clue ever said what you're suggesting they said.

Just for the record.
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Old 03-25-2013, 02:18 PM   #116
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Originally Posted by mcan View Post
Is there somebody on this board who really thinks that people who own businesses should still be able to refuse service based on prejudice? Why is this an issue? I would think that even the most ardent, anti-gay, super christian would have told this business owner that they should know better than to turn away gay people and tell them that they're being turned away for that reason!

Might as well hang a "whites only" sign on the door.
I have questioned people several times why they even care if gays get married. If they don't agree with the lifestyle fine. I don't agree with it either for that matter. It makes no sense to me but I see no reason to exclude law abiding citizens benefits gained by two people forming a contract. That said I also believe a private business that receives no funding from the government should have the right to refuse service to anyone they wish~
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Old 03-25-2013, 02:37 PM   #117
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Originally Posted by mcan View Post
Is there somebody on this board who really thinks that people who own businesses should still be able to refuse service based on prejudice?
Yes. I believe I should be able to refuse to do business with anyone at any time for any reason.
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Old 03-25-2013, 02:38 PM   #118
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I have questioned people several times why they even care if gays get married. If they don't agree with the lifestyle fine. I don't agree with it either for that matter. It makes no sense to me but I see no reason to exclude law abiding citizens benefits gained by two people forming a contract. That said I also believe a private business that receives no funding from the government should have the right to refuse service to anyone they wish~

So if, hypothetically, every hotel, motel and restaurant between Washington DC and Florida refuse to service African-Americans, that should be ok?
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Old 03-25-2013, 02:46 PM   #119
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Yes. I believe I should be able to refuse to do business with anyone at any time for any reason.
If you are running a business that is otherwise open to the public, you want the right to be able to refuse to deal with someone because that person is black. Is that correct?
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Old 03-25-2013, 02:46 PM   #120
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Originally Posted by cosmo20002 View Post
If you are running a business that is otherwise open to the public, you want the right to be able to refuse to deal with someone because that person is black. Is that correct?
I believe I should be able to refuse to do business with anyone at any time for any reason.
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