The U.S. Supreme Court announced on Monday it won’t take up a case in which a New Mexico photography business alleges its rights were violated when it landed in hot water for refusing to shoot a same-sex wedding ceremony.
In orders published Monday morning, the court listed the case, Elane Photography v. Willock, without comment as among the cases it won’t consider.
The case was brought to the Supreme Court by Elane Photography, which was found to have violated New Mexico’s anti-discrimination law for refusing to take a photo for the same-sex wedding ceremony for Vanessa Willock and Misti Collinsworth in 2006. (The wedding was only ceremonial because the incident took place before the state legalized same-sex marriage.)
Elane Photography filed lawsuit in state court, alleging that its refusal to photograph a same-sex wedding is protected on religious grounds. However, the New Mexico Supreme Court ruled against the claims, saying the businesses service can be regulated because it’s a public accommodation. Following that decision, Elane Photography asked the U.S. Supreme Court to consider the lawsuit based on First Amendment protections under the U.S. Constitution.
The court was scheduled to consider whether to take up the case during its March 21 and March 28 conference. To grant a writ certiorari, or a take up a case, at least four of the nine justices on the court must agree to consider lawsuit. It’s unknown what the vote was on denying certiorari in this case.
Had the court taken up the case, justices could have found a constitutional right across the country for individuals to discriminate against LGBT people or refuse services for same-sex weddings ceremonies on the basis of religion.
Anti-gay groups had pointed to the incident as a reason to enact laws in various states to allow individuals and business to refuse services to gay people without fear of reprisal, such as the controversial “turn away the gay” bill recently vetoed by Arizona Gov. Jan Brewer and signed into law by Mississippi Gov. Phil Bryant. Other bills along those lines are pending in numerous states — Kansas, Mississippi and Georgia — but have seen resistance going forward.