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Old 06-05-2012, 12:15 PM  
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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, 04:08 PM   #136
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Ahh, religion and commerce going hand-in-hand just like Jesus wanted...

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Old 03-25-2013, 04:10 PM   #137
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Originally Posted by KChiefer View Post
Ahh, religion and commerce going hand-in-hand just like Jesus wanted...
Irrelevant
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Old 03-25-2013, 04:10 PM   #138
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Originally Posted by KChiefer View Post
Ahh, religion and commerce going hand-in-hand just like Jesus wanted...
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Old 03-25-2013, 04:12 PM   #139
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Originally Posted by Prison Bitch View Post
I said that they want to force religious groups to perform gay marriages. I was told "No way! Not ever! Not a problem, no worries, you can keep your freedoms" Then I posted the link to the Washington state house bill (supported by the Governor) requiring religious facilities be granted to gay marriages. It did not succeed, but the point was made.



So don't pretend the Libs don't want this. They do. THey want to force government to "integrate" gays into every aspect of life as equals, and they'll make religious groups go along with it. By force.
Your link was about requiring a facility that is rented out to the public to be accesible to all people, with discrimination not allowed based on race, religion or gayness. It did not require a church to perform a gay marriage in any way.

If a church wants to get into the facility-rental business, it can't discriminate. If it wants to discriminate, it can stay in the religion business. That sounds reasonable to me.
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Old 03-25-2013, 04:13 PM   #140
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Originally Posted by KChiefer View Post
I know you don't believe any laws created after the original Constitution are important but maybe the Civil RIGHTS Act was violated?
No it wasn't violated. Only to a prog, who have a history of altering the document to expand state power over freedoms. The Constitution trumps that act anyway. You act like there something inherently wrong with Constitution's Bill of Rights which does not allow govt to interfere in religion.

As to "any" laws that's a strawman argument.
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Old 03-25-2013, 04:14 PM   #141
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Originally Posted by RNR View Post
Some of your friends are black right? You ****ing libs and your over compensation
Yeah, that makes a lot of sense. I think businesses open to the public should have to serve black people. So that makes me racist. Dumbass.
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Old 03-25-2013, 04:14 PM   #142
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Quote:
Originally Posted by BucEyedPea View Post
Irrelevant
Just pointing out an irony. Jesus didn't believe business should be conducted in a temple, yet Christians think religion allows them to discriminate in their business.
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Old 03-25-2013, 04:15 PM   #143
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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.
Have you ever heard of conflicting rights issues?

Freedom of religion trumps this alleged right of gays to demand an individual take their picture. That's fascism.
Getting their picture taken by certain person or member of a group is not a natural right.
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Old 03-25-2013, 04:16 PM   #144
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Just pointing out an irony. Jesus didn't believe business should be conducted in a temple, yet Christians think religion allows them to discriminate in their business.
It's not irony. You have your categories mixed up is all.
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Old 03-25-2013, 04:16 PM   #145
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Originally Posted by cosmo20002 View Post
Yeah, that makes a lot of sense. I think businesses open to the public should have to serve black people. So that makes me racist. Dumbass.
Scream louder about your honor maybe people will believe you
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Old 03-25-2013, 04:16 PM   #146
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Originally Posted by BucEyedPea View Post
No it wasn't violated. Only to a prog, who have a history of altering the document to expand state power over freedoms. The Constitution trumps that act anyway. You act like there something inherently wrong with Constitution's Bill of Rights which does not allow govt to interfere in religion.

As to "any" laws that's a strawman argument.
No, I act like they didn't get it perfect the first time around, so it has needed amending. The Civil Rights Act is Constitutional. Deal with it.
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Old 03-25-2013, 04:17 PM   #147
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No, I act like they didn't get it perfect the first time around, so it has needed amending. The Civil Rights Act is Constitutional. Deal with it.
The Civil Rights Act is not an Amendment and this is not a civil rights issue either. The other party has civil rights too.
The Civil Rights Act is positive law not a natural fundamental right being protected. Religion, however, is a fundamental right.
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Old 03-25-2013, 04:19 PM   #148
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Scream louder about your honor maybe people will believe you
I guess I don't look at not refusing people service based on their race to be "honorable." I've always thought of it as just ****ing normal, civilized behavior.

And you think Comrade Shitfaced has "race issues."
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Old 03-25-2013, 04:20 PM   #149
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I guess I don't look at not refusing people service based on their race to be "honorable." I've always thought of it as just ****ing normal.

And you think Comrade Shitfaced has "race issues."
Feel free to post anything racist I have posted on this you phony little ****
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Old 03-25-2013, 04:21 PM   #150
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The Civil Rights Act is not an Amendment and this is not a civil rights issue either. The other party has civil rights too.
I know it's not an amendment. However, they are laws that have been ruled Constitutional by the Supreme Court. Deal with it. And yes, the other party has civil rights as well. I'm glad Christians are allowed to sit next to me in a restaurant.
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