Eugene Volokh has the background on a story which is a reminder to all why Conservatives attacked the various hate crimes bills as well as ENDA. A New Mexico Court has ruled against Elaine Huguenin and ordered her to pay $6600 in attorney’s fees and costs, for refusing to photograph a same-sex commitment ceremony.

Elaine Huguenin co-owns Elane Photography with her husband. The bulk of Elane’s work is done by Elaine, though she subcontracts some of the work some of the time. Elane refused to photograph Vanessa Willock’s same-sex commitment ceremonies, and just today the New Mexico Human Rights Commission held that this violated state antidiscrimination law. Elaine has been ordered to pay over $6600 in attorney’s fees and costs.

Anytime you hear the words “Human Rights Commission” you should be nervous. The idea behind these commissions is not to protect human rights but to violate them, as is evidenced by this case. As a private business owner Elaine Huguenin should have the right to accept or decline any business she wishes. For a court to step in and declare that she must agree to photograph a ceremony is in direct violation of the first amendment’s free speech clause.

As Volokh points out:

Say you’re a freelance writer, who holds himself out as a business offering to perform a service. Someone tries to hire you to write materials — press releases, Web site materials, and the like — for his same-sex marriage planning company, or his Scientology book distribution company, or whatever else.

May the government force you, on pain of damages liability, to write those materials, even if you would prefer not to because of the sexual orientation, religion, or whatever else to which the materials would be related? Or do you have a First Amendment right to choose which words you write and which you decline to write? If you do have such a right, why shouldn’t Elaine Huguenin have the same right as a photographer?

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ACLU, Constitution, First Amendment, Homosexuality