On Monday on behalf of Mike Dorf and myself, I filed an Amici Curiae brief in the New Mexico Supreme Court and a motion describing our interest and why we believed the motion would assist the Court. The case involves a photography business (co-owned by a conservative Christian couple) that refused to photograph a same-sex commitment ceremony on religious and public policy grounds. Elane Photography, L.L.C. v. Willock. New Mexico law prohibits discrimination on the basis of sexual orientation. The company argues that it has not violated the law and that, if it has, the law’s application to it violates free speech and freedom of religion rights. Elane Photography lost before the New Mexico Human Rights Commission and in the New Mexico Court of Appeals. Our brief speaks exclusively to the free speech issue. It argues that free speech is not violated in this context and that even stronger arguments support Willock’s position than were employed by the Court below.
If you are interested in the motion and brief, you can go to the links below. Comments welcome. https://docs.google.com/file/d/0B6O8TDV2v54hSzZqUnU0ekVSS1U/edit (motion) https://docs.google.com/open?id=0B6O8TDV2v54hdzNtZmlDajJ3Q2s (Brief)