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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, 04:24 PM   #151
cosmo20002 cosmo20002 is offline
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Originally Posted by RNR View Post
Feel free to post anything racist I have posted on this you phony little ****
You accused ME of being racist because I believe a business open to the public should not be allowed to refuse service to a black person. I don't feel like researching your posts, so for now I'm content to simply label you a ****ing moron and leave it at that.
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As long as Jesus Christ was the president of the US and approved of it Yes.
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Old 03-25-2013, 04:32 PM   #152
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Originally Posted by cosmo20002 View Post
You accused ME of being racist because I believe a business open to the public should not be allowed to refuse service to a black person. I don't feel like researching your posts, so for now I'm content to simply label you a ****ing moron and leave it at that.
That is a compliment coming from a disingenuous shitbag like you~
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Old 03-25-2013, 04:33 PM   #153
BucEyedPea BucEyedPea is offline
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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.
Same with religious freedom—what this country was founded on. Deal with it.

Now link me to laws under the Civil Rights Act being ruled Constitutional—not that I really think the SC is always right, especially after the 1930's. The Civil Rights Act is based on an erroneous interpretation of the congressional power to regulate interstate commerce.
The interstate commerce clause was to create a free trade zone among the states.
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Old 03-25-2013, 04:34 PM   #154
RNR RNR is offline
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Originally Posted by cosmo20002 View Post
You accused ME of being racist because I believe a business open to the public should not be allowed to refuse service to a black person. I don't feel like researching your posts, so for now I'm content to simply label you a ****ing moron and leave it at that.
By the way **** for brains all my posts in this thread are still on the first page
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Old 03-25-2013, 04:40 PM   #155
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Oh and KChiefer, no govt body including the SC is capable of restraining its own powers. They always take more.
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Old 03-25-2013, 04:41 PM   #156
KChiefer KChiefer is offline
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Quote:
Originally Posted by BucEyedPea View Post
Same with religious freedom—what this country was founded on. Deal with it.

Now link me to laws under the Civil Rights Act being ruled Constitutional—not that I really think the SC is always right, especially after the 1930's.
Religious freedom allows one to practice their religion, not discriminate. I'm not linking every time the Civil Rights Act has been upheld by the SC. Just know that if using personal belief as an excuse to discriminate would go over well in the SC, the CRA would have been struck down years ago.
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Old 03-25-2013, 04:42 PM   #157
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Quote:
Originally Posted by KChiefer View Post
Religious freedom allows one to practice their religion, not discriminate.
Says who?

What if that photographer was practicing their religion here? They were. Freedom of conscience is freedom of conscience.

Quote:
I'm not linking every time the Civil Rights Act has been upheld by the SC. Just know that if using personal belief as an excuse to discriminate would go over well in the SC, the CRA would have been struck down years ago.
I don't need to make an appeal to authority on this as you are. The SC does engage in activism and can make errors.

Everyone discriminates...including you. Life would be insane if we were unable to differentiate and make choices. Religions by their very nature are discriminatory...especially on values and choices made on those values.

The left are fascists when they force a photographer to take the photo of someone. It is a massive violation of the other's rights. Especially when there's probably a large number of photographers who are willing to do the photoshoot. There's no damages here. This is nothing more than an ideological agenda here.
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Old 03-25-2013, 04:45 PM   #158
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I will never understand why anyone cares if someone else is gay and if they want to get married. Considering the 50% divorce rate, I would say preserving the sanctity of marriage is off the table. People get way too worked up about things they never had any business knowing about in the first place.
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Old 03-25-2013, 04:50 PM   #159
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“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.”
A corollary of the freedom of speech is to not speak or support a message. So there's more than one violation of fundamental natural rights here.

In the meantime, where are those cases KChiefer? Afterall, you act as if there's so many of them, related to a private person, post 1964.
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Old 03-25-2013, 04:50 PM   #160
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Originally Posted by mr. tegu View Post
I will never understand why anyone cares if someone else is gay and if they want to get married. Considering the 50% divorce rate, I would say preserving the sanctity of marriage is off the table. People get way too worked up about things they never had any business knowing about in the first place.
Would you like to attend a Klan meeting Im hosting ?
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Old 03-25-2013, 04:52 PM   #161
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Originally Posted by mr. tegu View Post
I will never understand why anyone cares if someone else is gay and if they want to get married. Considering the 50% divorce rate, I would say preserving the sanctity of marriage is off the table. People get way too worked up about things they never had any business knowing about in the first place.
This isn't exactly about gay marriage per se though. People should be free to believe as they want about it in a free country. Not having any business knowing about this, doesn't apply when the govt is forcing people to do something against their moral code. Also, those getting worked up about this topic are those who do support gay marriage. For those looking for irony this is it.
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Old 03-25-2013, 04:53 PM   #162
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Would you like to attend a Klan meeting Im hosting ?
I am Catholic so that is probably not a good idea.
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Old 03-25-2013, 04:53 PM   #163
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Originally Posted by cosmo20002 View Post
I understand what he said and that it sounded like he wanted to reserve his right to refuse service on the basis of, for example, race. I figured the Klan covered several of the likely bases.
I want the right to refuse service to any person for any reason.
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Old 03-25-2013, 04:53 PM   #164
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Old 03-25-2013, 04:57 PM   #165
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Originally Posted by BucEyedPea View Post
This isn't exactly about gay marriage per se though. People should be free to believe as they want about it in a free country. Also, those getting worked up about this topic are those who do support gay marriage. For those looking for irony this is it.
I was just kind of posting in general. And on this topic specifically, I would say both sides are worked up.

"You can't refuse them because of their sexual orientation!"

"They don't have to serve them because it is against their religion!"
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