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Sunday, November 10, 2013

Cert. Petition Filed in Elane Photography

Courtesy Scotusblog.  This is the case where a New Mexico photographer opposed to same-sex marriage refused to serve as the photographer at a same-sex commitment ceremony.  The couple sued under the state's public accommodations law, and eventually won at the state supreme court.  It's an interesting case presenting rights to resist compelled expression against equality access to public accommodations, including private businesses.  If the Court grants the petition it will quite likely result in an important First Amendment opinion.

Posted by Bill Araiza on November 10, 2013 at 11:33 AM in Constitutional thoughts | Permalink


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The USSC refused cert.

Posted by: Joe | Apr 7, 2014 11:37:09 AM

How long usually until the Supremes make a decision if they will review the case? When is that expected?

Posted by: Alessandra | Nov 17, 2013 6:22:47 AM

Volokh Conspiracy has blogged this case.

Interestingly, Dale Carpenter, who opposes certain expansions of exemptions in the area of same sex marriage and the like, supported Elane Photography. He wrote a fair analysis of the judgment, agreeing with much of the reasoning, even if disagreeing in part.

The concurrence of the lower court ruling is a mini-classic.

Posted by: Joe | Nov 10, 2013 11:49:09 AM

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