Picture This

You are a NM photographer with a socially conservative outlook. Someone calls to ask you about photographing their same-sex commitment ceremony. You say "We don't do that." They ask you to clarify. You respond, "We don't work same-sex ceremonies."

Now...that person files a complaint with the NM Human Rights Council recounting this and you are required to pay $6600 in legal fees for the violation.

So the question is, what violation?

Elane Photography is facing this issue in NM. The question boils down to this: Is photography a form of speech, or is it a public accomodation, like a burger joint, that provides a product or service to all and cannot discriminate?

NM's law has a religious exemption, meaning that you cannot be required to do things to which you are religiously opposed. There is nothing on the record yet as to whether Elane's motives were "religious" or not. And while we are at it, does "religious" include "moral"?

[ Nod to the Volokh Conspiracy where you can find more. ]