English: United States Supreme Court building ...

Elane Photography, represented by ADF, has been challenging New Mexico’s anti-discrimination law since they refused service to a lesbian couple in 2006. Elane has already had numerous dips in the legal pool:

  1. This matter was heard by the New Mexico Human Rights Commission. Elane lost.
  2. This matter was appealed in federal court. The US district court moved it to state court.
  3. This matter was heard before the state district court. Elane lost.
  4. This matter was heard before the state appellate court. Elane lost.
  5. This matter was heard before the state supreme court. Elane lost.

Enough already. Yet this matter is now before the United States Supreme Court. I seriously doubt that the Court will agree to hear this case, particularly this late in the term. You never know. State courts have reached the following conclusions:

  • That Elane is a public accommodation and;
  • That the New Mexico Human Rights Act does not violate free speech (they are free to post a sign saying that they oppose same-sex marriage) and;
  • That the New Mexico Religious Freedom Restoration Act is inapplicable.

The Supreme Court has previously held that the Religious Freedom Restoration Act does not apply to the states and that there are no religious exemptions to otherwise valid laws. I actually hope that the Court does choose to hear this case and put an end to this nonsense once and for all.

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.