Eugene Volokh and Ilya Shapiro, writing in the Wall Street Journal, say that they support same-sex marriage but that a discrimination case against New Mexico photography business owners who don't want to photograph same-sex wedding and commitment ceremonies would make bad law. The New Mexico Human Rights Commission, in a decision upheld by the New Mexico Supreme Court, found that Elane Photography is subject to state's antidiscrimination law and must accommodate the public. "Creators of expression have a First Amendment right to choose which expression they want to create," they argue.
The U.S. Supreme Court will decide whether to take up the case later this month.
Lawyer and Legal Journalist
