Campbell Scottsdale, AZ for Petitioner Lopez, Sakura & Boyd, L.L.P. Becht Albuquerque, NM Alliance Defending Freedom Jordan W. Emil John Kiehne Albuquerque, NM Becht Law Office Paul F. Malott, District Judge Modrall, Sperling, Roehl, Harris & Sisk, P.A. ORIGINAL PROCEEDING ON CERTIORARI Alan M. 33,687 ELANE PHOTOGRAPHY, LLC, Plaintiff-Petitioner, v.
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Opinion Number:_ Filing Date: AugDocket No. Finally, the Court held that the NMRFRA did not apply in this case.
Furthermore, the Court concluded that the NMHRA does not violate the free speech guarantees because there is no government-mandated message or the publication of the speech of another. Upon careful consideration, the Supreme Court concluded that when Elane refused to photograph the commitment ceremony, it violated the NMHRA. The issues on appeal were: (1) whether application of the New Mexico Human Rights Act (NMHRA) was violated by Elane when it refused to take the photographs (2) whether application of the NMHRA violates either the Free Speech or the Free Exercise Clause of the federal constitution or (3) whether this application violates the New Mexico Religious Freedom Restoration Act (NMRFRA). In this case, Elane refused to photograph a commitment ceremony between two women. Elane Photography offers wedding photography to the general public, and posts its photographs on a password protected website for its customers.
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