Refusing to Photograph a Gay Wedding Isn't Hateful - Conor Friedersdorf - The Atlantic
In America, there is plenty of homophobia, plenty of anti-gay bigotry, and plenty of people whose antagonism to gays and lesbians is rooted in hatred. Sometimes the language of religious liberty is used to justify behavior that is anything but Christ-like. But the
Slate article is implicitly trafficking in its own sort of prejudice. The working assumption is that homophobia, anti-gay bigotry, and hatred are obviously what's motivating anyone who declines to provide a service for a gay wedding.
That assumption is wrongheaded. A closer look at the photographer's case is the best place to begin. Jonathan and Elaine Huguenin lost a case before the New Mexico Supreme Court, and have now appealed the ruling. As noted in
their petition to the U.S. Supreme Court, the Huguenins' photography business does serve gay and lesbian clients, just not same-sex weddings. Insofar as a photographer can distinguish between discriminating against a class of client and a type of event—there is, perhaps, a limit—their business does so: "The Huguenins gladly serve gays and lesbians—by, for example, providing them with portrait photography—whenever doing so would not require them to create expression conveying messages that conflict with their religious beliefs."
The photography business has also turned down clients other than gay and lesbian couples while citing religious objections. "They have declined requests for nude maternity pictures," their petition states, "and photographs portraying violence."
Finally, it isn't just same-sex weddings they'd be uncomfortable photographing: their petition states that they'd also refuse business capturing a polygamous marriage.
Set aside for a moment the tension here between individual liberty and non-discrimination law. Whether you think the New Mexico Supreme Court decided the case rightly or wrongly, that is separate from the question of what motivated Elaine Huguenin. I've never met the woman. None of us can look inside her heart. But her petition presents a perfectly plausible account of why she would refuse to photograph same-sex weddings for perfectly common religious reasons that have nothing to do with fear of gays, intolerance toward gays, or hatred of gay people.
