Sponsored Content
« Vox Is Going to Make "Eating Your Vegetables" Super-Fun By Mixing Serious Explanatory Journalism With Jus' Bein' Silly Comedy | Main | Does the Internet Make You Dumberer: A Kintinuing Ceres »
April 07, 2014

Supreme Court Refuses to Review Case of New Mexico Photographer Forced to Take Pictures at Gay Wedding


A "victory for gay rights," and a loss for all other rights.

The Supreme Court refused on Monday to be drawn into the spreading controversy over the right of business firms to refuse to serve gay and lesbian customers, turning aside the appeal of a New Mexico photography studio and its owners. The Court made no comment as it denied review of Elane Photography v. Willock, involving a refusal to photograph a lesbian couple’s wedding-style ceremony.


The Elane Photography case had gained some prominence on the Court’s docket because it was the first to reach the Court, in the wake of new successes in achieving legal equality for gays and lesbians, to test whether homosexuals can be turned away as customers of ordinary businesses that are open to the public.


At one point, the business in Elane Photography case also raised religious objections, but the studio’s lawyers dropped that issue when they took the case to the Supreme Court. Instead, they argued that, since photography is a form of expression, the government should not be allowed to compel the use of that freedom in ways that the business owners find objectionable.

Courts do not explain why they don't grant certiorari (review), and they didn't make an exception in this case.

Update: The brief submitted by Eugene Volokh and Ilya Shapiro.

They rely heavily on a Supreme Court case called Wooley v. New Hampshire, in which someone sued, objecting to the "compelled" messaging of putting a license plate on his car which read "Live Free or Die." There, the court recognized that compelling someone to speak (or endorse sentiments he objected to) was the same offense as forbidding someone to speak.

They argue, persuasively, that the New Mexico Supreme Court's decision "directly contrary to" the Supreme Court's ruling in Wooley. In Wooley, the Court had recognized an "individual freedom of mind;" the New Mexico ruling -- and now the Supreme Court's refusal to review it -- establishes the contrary proposition.

Apparently our collective freedom of mind trumps it. (My words, any court's, though Breyer's dissent in McCutcheon did attract three other votes.)

digg this
posted by Ace at 06:42 PM

| Access Comments

Recent Comments
CrotchetyOldJarhead: "That Matt Walsh movie, What is a woman? just seems ..."

NaCly Dog (u82oZ): "Good morning! Let's smile & be happy & strike ..."

AltonJackson: " g'mornin', 'rons ..."

Skip : "rhennigantx not me yet ..."

Chatterbox Mouse: "He said that the job of the therapist is NOT to af ..."

Divide by Zero [/i]: " [i]It's great to see Dr. Jordan Peterson come in ..."

Chatterbox Mouse: "Is this mic on? Tap. Tap. Tap.. ..."

Chatterbox Mouse: "Why did they kick the Green Giant out of the valle ..."

JT: "We got some badly needed rain last night. ..."

Chatterbox Mouse: "LOL Fen. I love those corny jokes. ..."

JT: "A penguin walked into a bar ans asked the bartende ..."

Chatterbox Mouse: "Good morning horde! I watched "What is a Woman? ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64