New Mexico Supreme Court issues decision in high-profile Elane Photography case

Today the New Mexico Supreme Court issued its decision in the high-profile case of Elane Photography LLC v. Willock. Because I am counsel in this case, I cannot comment on the decision, but the Court’s opinion was written by Justice Chavez, with a specially concurring opinion by Justice Bosson.

UPDATE (Aug. 23, 2013): I probably should have done this before now, but due to public interest in this case, I thought some of you might like to read the briefs that were filed in the New Mexico Supreme Court:

Parties’ Briefs:

1. Elane Photography’s Brief-in-Chief

2. Vanessa Willock’s Answer Brief

3. Elane Photography’s Reply Brief

4. Elane Photography’s Response to Amici Curiae Briefs in Support of Vanessa Willock

Briefs of Amici Curiae Supporting Elane Photography:

5. Amici Curiae Brief of Cato Institute & Professors Dale Carpenter and Eugene Volokh

6. Brief of Amicus Curiae Becket Fund for Religious Liberty

7. Amici Curiae Brief of Wedding Photographers

Briefs of Amici Curiae Supporting Vanessa Willock:

8. Amici Curiae Brief of ACLU Foundation & ACLU of New Mexico

9. Amici Curiae Brief of Professors Steven H. Shiffrin and Michael C. Dorf

10. Amici Curiae Brief of New Mexico Small Businesses


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3 Responses to New Mexico Supreme Court issues decision in high-profile Elane Photography case

  1. Michael Ejercito says:

    From an originalist perspective, it is clear that the legislature understood sexual orientation to be a “choice of sexual partners” National Gay Task Force v. Board of Education, 729 F.2d 1270 at 1273 (10th Cir. 1984) Thus, under an originalist perspective, a faithful interpretation of the NMHRA requires that discrimination on the basis of those kinds of choices be covered under the act.

    • Emil J. Kiehne says:

      Mr. Ejercito,

      Thanks for your comment. I’m afraid I won’t be offering any comments of my own about this case, but thanks for reading!

      • Michael Ejercito says:

        I would add that had the case been about a photographer who chose to specialize in Orthodox Jewish weddings, and who rejected an offer to do photography for a Reform Jewish wedding, the case would have turned out the same way.

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