September 12, 2013ruled against the business in August, disagreeing that a photography business constitutes pure speech, among other things.
An Albuquerque couple who operate their commercial photography business on Christian religious principles will ask the Supreme Court to give them constitutional protection for their views favoring traditional marriage, their lawyers said on Wednesday. The case, if accepted by the Court, would give the Justices a chance to sort out how gay rights laws passed by states are enforced against those who hold the view that marriage is only for a man and a woman.
The petition in the case is due at the Supreme Court by late November[...]
The report says the photography business owners, a couple, say they aren’t “hostile” to gays and lesbians, but are only opposed to photographing same-sex weddings. The New Mexico Supreme Court opinion tells a different story about what exactly the business won’t allow:
Elane Photography argues that it would have taken portrait photographs and performed other services for same-sex customers, so long as they did not request photographs that involved or endorsed same-sex weddings. However, Elane Photograph’s owners testified that they would also have refused to take photos of same-sex couples in other contexts, including photos of a couple holding hands or showing affection for each other. Elane Photography also argues in its brief that it would have turned away heterosexual customers if the customers asked for photographs in a context that endorsed same-sex marriage.
The petition will be filed by their lawyers, Alliance Defending Freedom (ADF).