Elane Photography v. Willock

Elaine and Jonathan Huguenin of Albuquerque, New Mexico, declined to photograph a same-sex “commitment ceremony” because they could not in good conscience tell the story of a ceremony that defined marriage as something other than the union of one man and one woman. The requester filed a complaint against Elaine and Jonathan’s company, Elane Photography.

Unfortunately, the New Mexico Human Rights Commission, two state courts, and the New Mexico Supreme Court ruled against Elaine and Jonathan. In a concurring opinion, one of the justices said that violating their religious beliefs is “the price of citizenship” for the Huguenins. The U.S. Supreme Court declined to review the Huguenins’ case in 2014.

Thankfully, in 2023, the U.S. Supreme Court decided another ADF case, 303 Creative v. Elenis, which upheld the free speech rights of all Americans to express messages consistent with their beliefs.

Case Timeline

• December 2006: A potential customer filed a complaint against Elane Photography after Elaine had politely declined to photograph the potential customer’s same-sex “commitment ceremony.”
• April 2008: The New Mexico Human Rights Commission found Jon and Elaine guilty of “sexual orientation discrimination” and ordered them to pay $6,637.94 in attorneys’ fees and costs.
• June 2008: Elane Photography appealed the Commission’s decision to the Second Judicial District Court, County of Bernalillo.
• December 2009: The district court upheld the Commission’s ruling, leading ADF attorneys to appeal to the Court of Appeals of the State of New Mexico.
• May 2012: The Court of Appeals upheld the Commission’s faulty ruling.
• June 2012: ADF further appealed to the New Mexico Supreme Court.
• August 2012: The New Mexico Supreme Court agreed to hear Elane Photography’s case.
• August 2013: In stunning disregard for the First Amendment, the New Mexico Supreme Court ruled against Jon and Elaine. In a concurring opinion, one judge stated that forcing Jon and Elaine to compromise their religious beliefs is “the price of citizenship.”
• November 2013: ADF appealed the New Mexico Supreme Court’s ruling to the U.S. Supreme Court.
• April 2014: The U.S. Supreme Court declined to review Elane Photography’s case, allowing the New Mexico Supreme Court’s decision to stand.