Elane Photography, LLC v. Willock

• Citation: 284 P.3d 428,2012 -NMCA- 086
• Decision Date: 31 May 2012
• Docket Number: No. 30,203.,30,203.
• Parties: ELANE PHOTOGRAPHY, LLC, Plaintiff–Appellant, v. Vanessa WILLOCK, Defendant–Appellee.
• Court: Court of Appeals of New Mexico

284 P.3d 428

2012 -NMCA- 086

ELANE PHOTOGRAPHY, LLC, Plaintiff–Appellant,

v.Vanessa WILLOCK, Defendant–Appellee.

No. 30,203.

Court of Appeals of New Mexico.

May 31, 2012.

Becht Law Firm, Paul Becht, Albuquerque, NM, Jordan W. Lorence, Washington, D.C., James A. Campbell, Scottsdale, AZ, for Appellant.

Tobias Barrington Wolff, Philadelphia, PA, Lopez & Sakura, LLP, Julie Sakura, Sarah Steadman, Santa Fe, NM, for Appellee.

OPINION

GARCIA, Judge.

{1} This appeal arose from the refusal of Elane Photography, LLC (Elane Photography), to photograph the commitment ceremony of Vanessa Willock (Willock) and her same-sex partner (Partner). Elane Photography denied Willock's request to photograph the ceremony based upon its policy of refusing to photograph images that convey the message that marriage can be defined to include combinations of people other than the union of one man and one woman. Elane Photography's owners are Christians who believe that marriage is a sacred union of one man and one woman. They also believe that photography is an artistically expressive form of communication and photographing a same-sex commitment ceremony would disobey God and the teachings of the Bible by communicating a message contrary to their religious and personal beliefs. We conclude that Elane Photography's refusal to photograph Willock's ceremony constitutes a violation of NMSA 1978, Section 28–1–7(F) (2004) of the New Mexico Human Rights Act (NMHRA). As a result, we affirm the decision of the district court in favor of Willock.

I. FACTUAL AND PROCEDURAL HISTORYA. Factual History

{2} Elane Photography is a limited liability company owned by Elaine and Jonathan Huguenin. Elaine Huguenin also serves as Elane Photography's head photographer. Elane Photography offers photography services to the public on a commercial basis and primarily photographs significant life events such as weddings and graduations. However, Elane Photography has a policy of only photographing life events that communicate messages consistent with the Huguenin's personal and religious beliefs. Elane Photography solicits customers by offering its services through its website, advertisements on multiple search engines, and in the Yellow Pages.

{3} This case arose when Willock, who was involved in a same-sex relationship, emailed Elane Photography to inquire about photography for her upcoming commitment ceremony. Willock indicated in the email that this would be a “same-gender ceremony.” Elane Photography quickly responded, thanking Willock for her interest but explaining that Elane Photography photographs “traditional weddings.” Unsure what Elane Photography meant by “traditional weddings,” Willock sent a second email asking Elane Photography to clarify whether it “does not offer [its] photography services to same-sex couples.” Elane Photography responded affirmatively, stating, “[y]es, you are correct in saying we do not photograph same-sex weddings,” and again thanked Willock for her interest in Elane Photography.

{4} Partner, without disclosing her same-sex relationship with Willock, sent an email to Elane Photography the next day. The email mentioned that Partner was getting married but did not specify whether the marriage was same-sex or “traditional.” Partner also asked Elane Photography whether it would be willing to travel for a wedding. Elane Photography responded that it would be willing to travel and included pricing information. Elane Photography also offered to meet with Partner to discuss options. When Elane Photography did not hear back from Partner, it sent a follow-up email to determine if Partner had any questions about the offered services.

B. Procedural History

{5} In December 2006, Willock filed a discrimination claim with the New Mexico Human Rights Commission (NMHRC) alleging that Elane Photography refused to offer its photographic services to Willock because of her sexual orientation. The NMHRC determined that Elane Photography was a “public accommodation” under NMSA 1978, Section 28–1–2(H) (2007). The NMHRC further determined that the evidence demonstrated that Elane Photography violated Section 28–1–7(F) by discriminating against Willock based upon her sexual orientation. The NMHRC ordered Elane Photography to pay Willock $6,637.94 in attorney fees and costs. Willock did not seek monetary damages.

{6} Elane Photography appealed to the district court, invoking the district court's original and appellate jurisdiction. It asked the court to review the NMHRC's determination and to consider whether the NMHRC's interpretation of the NMHRA violated (1) Elane Photography's right to freedom of speech under the First Amendment of the United States Constitution and Article II, Section 17 of the New Mexico Constitution; (2) Elane Photography's rights under the free exercise clause of the First Amendment to the United States Constitution and Article II, Section 11 of the New Mexico Constitution; and (3) Elane Photography's rights under the New Mexico Religious Freedom Restoration Act (NMRFRA), NMSA 1978, Sections 28–22–1 to –5 (2000). Both parties filed motions for summary judgment. The district court denied Elane Photography's motion and granted Willock's motion for summary judgment. The district court upheld the NMHRC's determinations that Elane Photography was a “public accommodation” under the NMHRA and that Elane Photography violated the NMHRA by discriminating against Willock based upon her sexual orientation. In its memorandum opinion and order, the district court also rejected Elane Photography's constitutional and statutory arguments based upon freedom of speech, freedom of religion, and the NMRFRA. Elane Photography filed a timely appeal to this Court.

II. DISCUSSION

{7} Elane Photography contends that Willock failed to establish a violation of the NMHRA, and that applying the NMHRA under these circumstances would violate federal and state constitutional law as well as state statutory law. Elane Photography also argues that application of the NMHRA violates the NMRFRA. An appeal from a grant of a motion for summary judgment presents a question of law and is reviewed de novo. Self v. United Parcel Serv., Inc., 1998–NMSC–046, ¶ 6, 126 N.M. 396, 970 P.2d 582.

A. The New Mexico Human Rights Act

{8} The NMHRA prohibits “any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services ... to any person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation[,] or physical or mental handicap.” Section 28–1–7(F) (emphasis added). Elane Photography argues that it did not violate the NMHRA for two reasons: (1) it is not a “public accommodation,” and (2) it did not make any distinction based on sexual orientation in refusing its services to Willock

1. Public Accommodation

{9} Elane Photography focuses its initial argument on the issue of whether it is a “public accommodation” pursuant to the NMHRA. [BIC 11–15] A “public accommodation” is “any establishment that provides or offers its services ... to the public, but does not include a[n] ... establishment that is by its nature and use distinctly private.” Section 28–1–2(H).

{10} Elane Photography argues that the analytical framework set forth in Human Rights Comm'n of N.M. v. Board of Regents of Univ. of N.M., 95 N.M. 576, 577–78, 624 P.2d 518, 519–20 (1981), requires this Court to legally determine that it is not a public accommodation within the meaning of the NMHRA because it does not fall within the historic and traditional categories of public accommodation. In Regents, our Supreme Court looked to the previous New Mexico statute, federal law, and the historical and traditional meanings of “public accommodation” at that time for guidance in applying the new statutory change to a specific higher education context. Id. Elane Photography emphasizes that Regents is the first and only New Mexico case to address the question of what constitutes a “public accommodation” for purposes of the NMHRA and urges this Court to adopt a broad reading of Regents in this case. Following the reasoning discussed in Regents, Elane Photography argues that “[t]raditional public accommodations provide standardized products or ministerial services that are essential to the public at large.” Accordingly, Elane Photography contends that because it provides “nonessential, discretionary, unique, and expressive services to the public,” it “does not fit within, or even remotely resemble” any of the traditional meanings of a public accommodation. Such a broad application of Regents, however, would directly contradict our Supreme Court's instructions regarding the limited application of this particular case. Id. at 578, 624 P.2d at 520.

{11} In Regents, our Supreme Court specifically held that “the University's manner and method of administering its academic [nursing] program” was not a “public accommodation” under the NMHRA. Id. In making this determination, our Supreme Court recognized the newly expanded general application of the NMHRA. Id. However, the Supreme Court felt that the Legislature did not intend this expanded statutory language “to [automatically include] all establishments that were historically excluded ... as public accommodations.” Id. In its ruling, the Supreme Court carefully limited its holding and specifically stated that “[t]his opinion should be construed narrowly and is limited.... We reserve the question of whether in a different set of circumstances the University would be a ‘public accommodation’ and subject to the jurisdiction of the [NMHRC].” Id. No other guidance was provided by the Supreme Court to address the Legislature's expansion of the NMHRA to other public accommodations outside the unique academic circumstances analyzed in Regents.

{12} When our Supreme Court specifically reserved any determination of whether the University would be a public...