ICC Note: In yet another alarming legal precedent for religious freedom in the United States, the U.S. Supreme Court has declined, without explanation, to hear the case of Elane Photography v. Willock. The case began after Elaine Huguenin politely declined a request to photograph a gay commitment ceremony in New Mexico based on her Christian beliefs. The State of New Mexico ruled that she had violated human rights legislation in the state and fined Elaine, essentially setting a precedent whereby Christian photographers in the United States will be forced to either photograph gay weddings or face steep penalties.
4/7/2014 United States (Charisma) – The U.S. Supreme Court Monday declined to hear Elane Photography v. Willock, the case of a photographer who was told by the New Mexico Supreme Court that she must, as “the price of citizenship,” use her creative talents to communicate a message with which she disagrees or suffer punishment.
Nonetheless, Alliance Defending Freedom (ADF) attorneys representing Elane Photography and its owners, Jonathan and Elaine Huguenin, point out that the central concern in the case—government punishment of Americans for declining to create or promote messages with which they disagree—is alive in other ADF cases moving forward around the country.
“Only unjust laws separate what people say from what they believe,” says ADF senior counsel Jordan Lorence. “The First Amendment protects our freedom to speak or not speak on any issue without fear of punishment. We had hoped the U.S. Supreme Court would use this case to affirm this basic constitutional principle; however, the court will likely have several more opportunities to do just that in other cases of ours that are working their way through the court system.”
“Americans oppose unjust laws that strong-arm citizens to express ideas against their will,” adds senior counsel David Cortman. “Elaine and numerous others like her around the country have been more than willing to serve any and all customers, but they are not willing to promote any and all messages. A government that forces any American to create a message contrary to her own convictions is a government every American should fear.”
A July Rasmussen poll found that 85 percent of Americans believe a Christian photographer has the right to say no if asked to create pictures at a same-sex ceremony that conflicts with the photographer’s religious beliefs. The editorial boards of both the Los Angeles Times and The Washington Times agree.
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