The New Mexico Supreme Court ruled on Aug. 22 that Elane Huguenin, co-owner of Elane Photography, violated the state's anti-discrimination law when she refused to photograph a commitment ceremony for two lesbians in 2006.
Huguenin claimed that she had the right to deny them service because of her Christian religious beliefs against homosexuality and based upon her First Amendment free speech rights.
One of the State Supreme Court judges, Richard C. Bosson, wrote in his opinion: "The Huguenins today can no more turn away customers on the basis of sexual orientation — photographing a same-sex marriage ceremony — than they could refuse to photograph African-Americans or Muslims."
On Aug. 23, Fox News host Shannon Bream interviewed Huguenin's lawyer, Alliance Defending Freedom (ADF) senior counsel Jordan Lorence, noted MediaMatters.org (video below).
At one point Bream said: "What is the constitutionally protected right here, because [Elane Huguenin] wasn't performing weddings, she wasn't, which is not legal in New Mexico anyway. I mean, she was asked to photograph a commitment ceremony. Is it the constitutional right to photographs? I seriously am confused by what the judge was referencing there."
However, Bosson also wrote: "[The Huguenins ] refusal to do business with the same-sex couple in this case, no matter how religiously inspired, was an affront to the legal rights of that couple, the right granted them under New Mexico law to engage in the commercial marketplace free from discrimination."
In other words, Elane Photography violated the state's discrimination law, which protects same-sex couples from being isolated and turned away by businesses.