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Old 04-12-2008, 10:10 AM   #1
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Saw this yesterday. Made me wonder. What do you guys think?

http://www.volokh.com/posts/chain_1207764182.shtml

The short version of the story is that a lesbian couple approached Elane Hugenin, a wedding photographer, wanting her to photograph their same-sex commitment ceremony. Elane refused. Vanessa WIllock filed a complaint with the New Mexico Human Rights Commission. The NM Human Rights Commision found agaist Elane, and she’s been fined

(hat tip: photomusings.wordpress.com)

I have a problem with it. She should have the right to accept or refuse anyone she wants, shouldn't she?
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Old 04-13-2008, 08:29 AM   #2
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Default Re: First Amendment or Civil Rights?

This is ridiculous, how is this a human rights violation? What happened to be able to make up your own mind?
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Old 04-13-2008, 08:37 AM   #3
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Default Re: First Amendment or Civil Rights?

It's absurd, of course. The only reason this could make sense is the unlikely possibility that the photographer was funded by the stste...
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Old 04-13-2008, 08:46 AM   #4
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Default Re: First Amendment or Civil Rights?

The guy on who's blog I originally read it (photomusings.wordpress.com) has been offering printing services for other photogs, as he's got one of those giant multi thousand dollar printers...and he was planning on offering an expanded service where you send him the raw file and he'd do all the photoshop etc to produce a nice print.

Now, he posted yesterday, he's scared and will no longer do it, because he had in his agreement that he wouldn't print anything he didn't want to print, and he thinks he could get in trouble with the human rights nuts.

I wanted to tell him that if he does that, they win...but really...the way things are they're liable to win anyway.
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Old 04-13-2008, 09:01 AM   #5
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Default Re: First Amendment or Civil Rights?

Under the law I assume she is considered a paid contractor. As such she is not aloud to discriminate.
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Old 04-13-2008, 09:17 AM   #6
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Default Re: First Amendment or Civil Rights?

This would be like saying you are not renting an apartment to someone because of their race. What about not serving someone in your restuarant because of race or gender?

It can't happen and shouldn't happen.
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Old 04-13-2008, 09:19 AM   #7
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Quote:
Originally Posted by MrBigglesWorth View Post
This would be like saying you are not renting an apartment to someone because of their race. What about not serving someone in your restuarant because of race or gender?

It can't happen and shouldn't happen.
So a small business person should be forced to take on jobs she doesn't want to do?

When I was painting, if a person proved to be difficult I never went back, and if they appeared to be so I never started in the first place. It's part of the freedom of being self-employed, I thought.

Quote:
For whatever it's worth, Huguenin also says she exercises political judgment in deciding what to photograph (for instance, she reports that she refuses to make photographs that put horror films in a positive light, or to take photographs that positively portray abortion, pornography, or nudity, as well as same-sex marriage). I don't think that sort of political selectivity should be required for photographers to be protected as artists, but it seems to me to highlight the scope of the artist's judgment, and the artist's constitutional right to exercise such judgment (just as a bookstore has the right to choose which books to stock).
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Old 04-13-2008, 09:26 AM   #8
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Default Re: First Amendment or Civil Rights?

Quote:
Originally Posted by MrBigglesWorth View Post
This would be like saying you are not renting an apartment to someone because of their race. What about not serving someone in your restuarant because of race or gender?

It can't happen and shouldn't happen.
The corollary is, indeed, clear. I happen to not agree with it - as I've said before I think businesses should be able to refuse service to anyone, blacks, gays, Patriots fans, christians, take your pick - if they want to cut off part of their customer base that should be their choice.
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Old 04-13-2008, 11:13 AM   #9
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Default Re: First Amendment or Civil Rights?

Quote:
Originally Posted by MrBigglesWorth View Post
This would be like saying you are not renting an apartment to someone because of their race. What about not serving someone in your restuarant because of race or gender?

It can't happen and shouldn't happen.


Here we go again.

Race and gender are apples, being gay is oranges.
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Old 04-13-2008, 11:17 AM   #10
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Default Re: First Amendment or Civil Rights?

Next ,we know ....we wont serve a meal to muslim customers , and taxi cab wont give a ride to a middle eastern tourist in downtown , or to a "DANGEROUS" black person.
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