New Mexico Supreme Court Will Hear the Elane Photography Case

I’m pleased to say that the New Mexico Supreme Court will hear the Willock v. Elane Photography case, which I’ve blogged about extensively. The court will now decide whether

(1) holding a wedding photographer liable for refusing to photograph a same-sex commitment ceremony violates New Mexico’s statutory ban on sexual orientation discrimination, and

(2) even if it does violate the statute, whether the photographer is nonetheless immune from punishment because

(a) requiring her to create photographs that she doesn’t want to create is a speech compulsion, in violation of the Free Speech Clause,

(b) she is entitled to an exemption under the federal or state Free Exercise Clauses, and

(c) she is entitled to an exemption under New Mexico’s Religious Freedom Restoration Act.

For more on all these theories, see this thread.