|Elane Huguenin and her husband, |
owners of Elaine Photography
The fact the New Mexico Supreme Court has indicated it will hear the case strongly suggests it will overturn the decision. And rightfully so. The case law interpreted the First Amendment's Free Exercise Clause is crystal clear that government must accommodate people's religious beliefs in its laws and regulations. (You have a similar religious freedom provision in the New Mexico Constitution.) Even if the New Mexico Supreme Court did not overturn the decision, I have little doubt that an appeal to the U.S. Supreme Court would net an easy reversal on First Amendment grounds. Even the most liberal justices on the Court would probably agree that the New Mexico cannot compel the owners of Elane Photography to photograph an event in violation of their religious beliefs.
The legal blog Volokh Conspiracy has written on this case several times. Click here to view the numerous articles on the subject.