Back in 2008, the New Mexico Human Rights Commission fined a young Christian couple $6600 for refusing, for reasons of religious conscience, to photograph a lesbian commitment ceremony. The couple appealed the decision to a state trial court, which has now also ruled against them:
“Plaintiff, by refusing to photograph the commitment ceremony of a same sex couple, violated the Human Rights Act. Specifically, Plaintiff, a public accommodation, discriminated on the basis of sexual orientation. In enforcing the HRA (the New Mexico Human Rights Act), the Commission did not violate Plaintiff’s freedoms of expression or religion. The NMRFRA (New Mexico Religious Freedom Restoration Act) is not properly applied to this case and, even if it was, Plaintiff can not prevail because there is no showing the NMHRA improperly impacts religious practices.”
The court’s entire opinion, which also recaps the history of the case, can be found here.
I’m almost certain the decision will be appealed. The Alliance Defense Fund is on the case. (UPDATE – Yes, they will.)
This decision is a wake-up call for people of faith. If neither the First Amendment nor a state Religious Freedom Restoration Act is sufficient to protect religious beliefs, the country has reached an ominous tipping point in the clash of values between gay activism and religious freedom. We’re going to need new protections to restore a precious liberty that is being taken away from people of faith.
For people of faith (who own, operate or are employed by businesses) already worried about the impact of the proposed federal Employment Non-Discrimination Act, or ENDA (which will grant federal protections for sexual orientation and gender identity in private employment), the latest news from the White House will not come as a comfort. The President has nominated Chai Feldblum, a Georgetown University law professor, as a commissioner on the Equal Employment Opportunity Commission. The EEOC is charged with enforcing the nation’s federal employment laws such as Title VII, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and will also enforce ENDA, should it pass.
Feldblum, a lesbian and leading proponent of ENDA, has already told us how the inevitable conflict between religious liberty and sexual orientation laws will come out:
“Thus, for all my sympathy for the evangelical Christian couple who may wish to run a bed and breakfast from which they can exclude unmarried straight couples and all gay couples, this is a point where I believe the ‘zero sum’ nature of the game inevitably comes into play. And, in making the decision in this zero sum game, I am convinced society should come down on the side of protecting the liberty of LGBT people.”
At least Professor Feldblum understands that religious liberty is infringed by laws like ENDA, and that this is a zero sum game. Most gay activists will not even grant that much. Her sympathy for lost religious liberty, however, will be small consolation for those of us from whom she will be taking it.
Feldblum will be one of 5 commissioners, and her nomination must be confirmed by the Senate.
