New Mexico

Supreme Court Declines to Review New Mexico Rejection of Wedding Photographer Case

The U.S. Supreme Court today rejected a request to consider Elane Photography v. Willock, a case brought by a wedding photography business that had been penalized for violating a New Mexico law against discrimination on the basis of sexual orientation. After the New Mexico Supreme Court unanimously rejected its free speech and religious liberty claims, the company appealed to the U.S. Supreme Court on the grounds that taking pictures is expressive activity protected by the First Amendment, and that the government has no right to force a photographer to take a particular picture. The Supreme Court declined to take the case.

People For the American Way is committed to religious liberty, freedom of expression, and LGBT equality, and recognizes that people who support both religious freedom and full legal equality for LGBT people can and do disagree on where lines should be drawn in such cases.  A small business person who wants to run a business that reflects their values can be a sympathetic figure. Some believe a mom-and-pop company whose owners have religious objections to same-sex marriage should have the right to turn away a gay couple under those circumstances.  But it is hard to identify a legal principle by which a business covered by an anti-discrimination law would be allowed to ignore the law on the basis of the owner’s religious beliefs on marriage, but not on the basis of his religious beliefs on segregation or gender inequality.

The tension between the rights of a business owner and the ability of a legislature to ban discrimination as a matter of public policy finds eloquent expression in New Mexico Supreme Court Justice Richard C. Bosson’s concurrence in the Elane Photography case.  The court unanimously upheld a finding by the state’s Human Rights Commission that refusing to provide services to a same-sex couple had violated anti-discrimination law. Bosson wrote that the court’s ruling means that the business owners “are compelled by law to compromise the very religious beliefs that inspire their lives. Though the rule of law requires it, the result is sobering.”

More from Bosson’s opinion:

On a larger scale, this case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins [the business owners] are free to think, to say, to believe, as they wish, they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life…In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs , so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world. In short, I would say to the Huguenins, with the utmost respect: it is the price of citizenship.

Bosson’s opinion recognizes that there are competing interests at play and that can make line-drawing difficult.  He treats the religious liberty questions respectfully.

Of course, that hasn’t stopped Religious Right from portraying the decision, and Bosson’s opinion, as pure tyranny.  A lawyer for the Alliance Defending Freedom called the decision “a blow to our client and every American’s right to live free.” Cases in Colorado and Oregon involving bakery owners that declined to make a wedding cake for a same-sex couple and faced punishment for violating anti-discrimination laws have generated similar rhetoric. 

Most Americans do not see tyranny in the balancing act that legislatures and courts are engaged in. They believe the principle staked out in PFAW Foundation’s Twelve Rules for Mixing Religion and Politics: it is legitimate for government to require religious organizations and individuals to abide by rules and regulations that promote the common good. A poll conducted by Third Way and HRC just before the U.S. Supreme Court decision overturning the Defense of Marriage Act found that 68 percent of Americans believe that small business owners should not be allowed to refuse service to gays or lesbians, regardless of their religious beliefs. When asked specifically about wedding-related services like catering, flowers, or cakes, nearly as many – 64 percent – were opposed to laws that would allow small businesses to deny services based on their religious beliefs.

PFAW

New Mexicans unite for marriage

Today the state said no to dismantling an earlier court ruling when its legislative session ended without any consideration of a proposed constitutional amendment. With bipartisan support, SJR 6 is dead, and New Mexico still represents the seventeenth state (plus DC) to have legalized marriage for same-sex couples.
PFAW

New Mexico Becomes 17th Marriage Equality State

It has been quite a year for marriage equality. Today the New Mexico Supreme Court ruled unanimously that the state is required by its constitution to allow same-sex couples to marry. This means that New Mexico joins the impressive list of states that legalized marriage for same-sex couples in 2013 alone, including Delaware, Hawaii, Illinois, Minnesota, New Jersey, and Rhode Island, and becomes the 17th state in the country to legalize marriage equality.

As the march toward full equality nationwide continues with today’s victory in New Mexico, the momentum is undeniable. PFAW will continue to advocate for marriage equality until every couple can access the protections necessary to take care of each other for a lifetime.
 

PFAW

Albuquerque says no to dangerous local abortion ban

Women’s health and freedom are at risk, and we’ll keep fighting for legislation that protects them.
PFAW

NM School District Restores ‘Neverwhere’ to Curriculum Following PFAW Foundation Advocacy

Last month, PFAW Foundation sent a letter to a school district review committee in Alamogordo, New Mexico urging them to reject attempts to remove Neil Gaiman’s Neverwhere from the English curriculum. Yesterday a local television station, KRQE News 13, reported that the book will indeed be put back into the Alamogordo High School curriculum. A district spokesperson told the School Library Journal that in the review process the book was found to be “educationally suitable, balanced, and age-appropriate for high school students.”

The School Library Journal’s Karyn Peterson provides the backstory:

Use of the novel, which had been a part of the AHS English department’s curriculum for nearly 10 years, was suspended from classrooms in early October after a mother complained to the school board about what she characterized as the book’s “sexual innuendos” and “harsh” language—occurring on a single page of the 400-page novel.  The district then created a review committee and opened a public comment period...

PFAW Foundation was one of the groups that weighed in, encouraging the review committee to uphold the right of all students to “to receive a competitive, rigorous education free from censorship.”

The full text of our letter is below.

October 25, 2013

Dear Members of the Review Committee,

We urge you to reject attempts to remove Neil Gaiman’s Neverwhere from the English curriculum.  We understand that the novel was temporarily removed from the curriculum following the complaint of a parent and will be reviewed by this committee.

Neil Gaiman, whose awards include the Newbery Medal for outstanding children’s literature, is an acclaimed author whose work has been taught in the district for many years. We recognize that school leaders often face difficult decisions that require balancing the concerns of parents with the educational development of students.  However, according to English teacher Pam Thorp’s recent letter in the Alamogordo News, the child of the parent bringing the complaint was offered alternative reading material. While parents have every right to decline reading material for their own children, they should not be allowed to censor the curricula for all students.

Many works of literature tackle mature or challenging topics. Attempting to shield high school students from challenging works robs them of the opportunity to learn from and engage with literature, and sets a dangerous precedent.

We trust that as educators you will uphold the right of all students in Alamogordo public schools to receive a competitive, rigorous education free from censorship. For over 30 years we have worked with school districts to protect students’ right to learn, and are happy to serve as a resource for you in this and any future challenges to school curricula.

Best wishes,

Michael Keegan
President, People For the American Way Foundation

PFAW Foundation

PFAW Releases New Toolkit on Getting Money Out and Voters In to Our Democracy

We believe in a democratic system where all Americans have equal access to the voting booth and can express their views on a level playing field.
PFAW

Hearing for a Diverse Group of Judicial Nominees

The nominees at today's Judiciary Committee hearing exemplify Obama's commitment to increasing personal and professional diversity in the federal judiciary.
PFAW

This is How Judicial Nominations are Supposed to Work

President Obama will end his second term with more vacancies on the federal courts than there were when he started. Today there are 99 vacancies on the federal circuit and district courts, 33 of which are for courts that are so busy that they’ve been officially designated “judicial emergencies.” This glut of vacancies is in large part due to Senate Republicans’ persistent obstruction of the president’s nominees – even the ones from their own states who they purportedly support. During President Obama’s first term, judicial nominees have had to wait on average three times as long after committee approval for a vote from the full Senate as did nominees in President George W. Bush’s first term.

But some vacancies are due to a less well-known but all too common delay at the very start of the nominations process.

Before he makes a nomination to the federal judiciary, President Obama asks senators from the state where the vacancy has occurred to present him with recommendations. It’s a way to identify nominees from any given state and to ensure home-state, often bipartisan, support for nominees. The problem is, senators from both parties have too often dragged their feet in recommending acceptable nominees, leading to often years-long vacancies in the federal courts.

These vacancies exist despite the fact that most federal judges give months, sometimes even a full year of notice before retiring or taking senior status (semi-retirement) so that a replacement can be found.

This week, senators from Colorado and New Mexico showed how the process is meant to work – and how it would work, if all senators followed their lead.

In Colorado, district court judge Wiley Daniel announced last winter that he would be leaving his seat in January 2013. Colorado senators Mark Udall and Michael Bennet set up a bipartisan commission to find qualified nominees for the seat in a timely manner. They then recommended a set of finalists to the White House, which in turn nominated Raymond P. Moore on Tuesday, before the seat he would fill becomes vacant. Of the 18 future vacancies currently listed by the Administrative Office of U.S. Courts, Colorado is one of only two states with a nominee.

In New Mexico, Judge Bruce Black announced in June that he would be leaving the court in October, just a few short months. So New Mexico’s senators, Tom Udall and Jeff Bingaman, announced their bipartisan commission that very day, leading to the president’s nomination yesterday of Kenneth John Gonzales to fill the vacancy.

There is no excuse for seats on the federal courts to be left open for years, as caseloads multiply and litigants face delays. The senators from Colorado and New Mexico showed how the front end of the judicial nominations process can be efficient and fair.

PFAW

Young Elected Progressives Program Candidates

As we continue to reveal the 2012 endorsed candidates of PFAW’s Young Elected Progressives program, here are three more great individuals, 35 or younger, running for office: Andrew Gounardes (NY), Micah Z. Kellner (NY) and Tim Keller (NM).

Andrew Gounardes

Andrew Gounardes is running to represent Brooklyn in the New York Senate. He currently serves as a member of Community Board 10 in New York City and is an attorney for the Citizens Committee, a non-profit organization focusing on providing funds for neighborhood improvement. When in school, Gounardes was the first Student Advisory Member to the Panel for Education Policy in New York City and he later worked as a legislative aide to U.S. Senator Robert Menendez. If elected, Gounardes will use his leadership experience to pass legislation improving public education, campaign finance laws and more. Visit his website here.

Micah Z. Kellner

Micah Z. Kellner is running for reelection to the New York Assembly. He has been serving in the Assembly since 2007 and has proven to be a great progressive leader. Kellner is a member on several committees including the Committee on Consumer Affairs and Protection and the Committee on Cities. He has been a strong advocate for the disabilities community, as well as for marriage equality and reproductive freedom. Kellner also has fought for increases in the quality of public education through increased funding and is a champion for the middle class, as well, with efforts to make housing more affordable for all New Yorkers. Visit his website here.

Tim Keller

Tim Keller is running for reelection to the New Mexico Senate. After graduating from college, Keller established Data Digital Divide, which helps land mine victims in Cambodia. Upon moving back home to New Mexico, he began working for Booz and Company, a management and strategy firm, and eventually rose to the position of Senior Manager. He has built up a strong record in office and with his business experience, has fought to put New Mexicans back to work and improve the economy. Keller was elected to the Senate in 2008 and has been named to multiple committees including: Education, Military & Veterans’ Affairs and is the Chair of Science, Technology & Telecommunications. Visit his website here.

PFAW