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	Comments on: Wedding photographer loses New Mexico discrimination case	</title>
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	<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Thu, 05 Sep 2013 04:45:02 +0000</lastBuildDate>
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		<title>
		By: Latest liberty cake wreck - Overlawyered		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-237070</link>

		<dc:creator><![CDATA[Latest liberty cake wreck - Overlawyered]]></dc:creator>
		<pubDate>Thu, 05 Sep 2013 04:45:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-237070</guid>

					<description><![CDATA[[&#8230;] baking from home. Oregon does not recognize same-sex marriage, which (as in the parallel New Mexico wedding photographer case) makes clear that the intrusion on individual liberty here arises from anti-discrimination law as [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] baking from home. Oregon does not recognize same-sex marriage, which (as in the parallel New Mexico wedding photographer case) makes clear that the intrusion on individual liberty here arises from anti-discrimination law as [&#8230;]</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236666</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 29 Aug 2013 17:38:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236666</guid>

					<description><![CDATA[Stanmann,

It would be helpful if you did some research on this case.  For example, the photographer was not a man, it was a woman.  There is no indication the photographer or the complaintant ever argued over anything.  There is no testimony that the photographer said anything about the couple. 

You call the photographer a &quot;bigot&quot; based upon what?  A set of circumstances you fabricated in your mind?

No, you used the term &quot;bigot&quot; not as a conclusion to a set of facts, but rather as a substitute to attack the photographer and in essence tell her to &quot;shut up.&quot;

A rather large number of people and groups wrote legal briefs in both support and against the photographer&#039;s position.  Not one of them claimed she was or is a bigot.  Not one of them claimed the woman had any animus toward the prospective client.

This case involved a clash of law vs rights.

I hope that when you go to assert your rights that you aren&#039;t attacked by people and called a bigot, racist, etc based on who they want to believe you are rather than who you are.

Situations and cases like this are difficult enough without ramping up a false narrative.]]></description>
			<content:encoded><![CDATA[<p>Stanmann,</p>
<p>It would be helpful if you did some research on this case.  For example, the photographer was not a man, it was a woman.  There is no indication the photographer or the complaintant ever argued over anything.  There is no testimony that the photographer said anything about the couple. </p>
<p>You call the photographer a &#8220;bigot&#8221; based upon what?  A set of circumstances you fabricated in your mind?</p>
<p>No, you used the term &#8220;bigot&#8221; not as a conclusion to a set of facts, but rather as a substitute to attack the photographer and in essence tell her to &#8220;shut up.&#8221;</p>
<p>A rather large number of people and groups wrote legal briefs in both support and against the photographer&#8217;s position.  Not one of them claimed she was or is a bigot.  Not one of them claimed the woman had any animus toward the prospective client.</p>
<p>This case involved a clash of law vs rights.</p>
<p>I hope that when you go to assert your rights that you aren&#8217;t attacked by people and called a bigot, racist, etc based on who they want to believe you are rather than who you are.</p>
<p>Situations and cases like this are difficult enough without ramping up a false narrative.</p>
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		<title>
		By: Stanman12		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236592</link>

		<dc:creator><![CDATA[Stanman12]]></dc:creator>
		<pubDate>Wed, 28 Aug 2013 22:59:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236592</guid>

					<description><![CDATA[My first reaction was &quot;Why in the world would you want a bigot to photograph your wedding?&quot;  But I&#039;m thinking the photographer probably made a big deal about what kind of person the bride was attracted to, which is really none of his business, and so the couple chose to retaliate with a lawsuit.  It&#039;s a shame that this sort of thing can be heard by courts, but it&#039;s really the photographer&#039;s fault.  This would have only ended up with him looking bad, courts or not.  The best thing to do is say I&#039;m not available that weekend or quote them an outrageous fee.  I find it hard to believe that the photographer &quot;agreed&quot; with every couple marrying that he photographed before (ie out of wedlock children, multiple divorces, old man marrying a teenager, etc.  I&#039;m sure he&#039;s seen it all).  Bottom line is keep your bigoted opinions to yourself!]]></description>
			<content:encoded><![CDATA[<p>My first reaction was &#8220;Why in the world would you want a bigot to photograph your wedding?&#8221;  But I&#8217;m thinking the photographer probably made a big deal about what kind of person the bride was attracted to, which is really none of his business, and so the couple chose to retaliate with a lawsuit.  It&#8217;s a shame that this sort of thing can be heard by courts, but it&#8217;s really the photographer&#8217;s fault.  This would have only ended up with him looking bad, courts or not.  The best thing to do is say I&#8217;m not available that weekend or quote them an outrageous fee.  I find it hard to believe that the photographer &#8220;agreed&#8221; with every couple marrying that he photographed before (ie out of wedlock children, multiple divorces, old man marrying a teenager, etc.  I&#8217;m sure he&#8217;s seen it all).  Bottom line is keep your bigoted opinions to yourself!</p>
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		<title>
		By: Melvin H.		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236508</link>

		<dc:creator><![CDATA[Melvin H.]]></dc:creator>
		<pubDate>Wed, 28 Aug 2013 08:24:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236508</guid>

					<description><![CDATA[Jeffrey05, so did the gay couple--go to another photographer, not get &quot;married&quot;, etc.  The problem here is that New Mexico doesn&#039;t recognize gay marriage nor does it have civil unions (at the time); how can you be hauled into court because you won&#039;t photograph something that legally can&#039;t happen?  This is forced expression/speech and should get thrown out by the Supreme Court.  (of course, given the ruling in Albuquerque[?] yesterday,it could also make any decision moot.)]]></description>
			<content:encoded><![CDATA[<p>Jeffrey05, so did the gay couple&#8211;go to another photographer, not get &#8220;married&#8221;, etc.  The problem here is that New Mexico doesn&#8217;t recognize gay marriage nor does it have civil unions (at the time); how can you be hauled into court because you won&#8217;t photograph something that legally can&#8217;t happen?  This is forced expression/speech and should get thrown out by the Supreme Court.  (of course, given the ruling in Albuquerque[?] yesterday,it could also make any decision moot.)</p>
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		<title>
		By: JeffreyRO5		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236487</link>

		<dc:creator><![CDATA[JeffreyRO5]]></dc:creator>
		<pubDate>Wed, 28 Aug 2013 02:54:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236487</guid>

					<description><![CDATA[The photographer agreed to the rules when she entered the public commercial space. No one forced her to serve the public. If she doesn&#039;t want to serve gays, or blacks, or Jews, whomever, she should get out of the public sphere or move to a state that lets you discriminate. 

It&#039;s not like she doesn&#039;t have choices. She&#039;s not being forced to do anything, other than do what all decent people do: follow the law!]]></description>
			<content:encoded><![CDATA[<p>The photographer agreed to the rules when she entered the public commercial space. No one forced her to serve the public. If she doesn&#8217;t want to serve gays, or blacks, or Jews, whomever, she should get out of the public sphere or move to a state that lets you discriminate. </p>
<p>It&#8217;s not like she doesn&#8217;t have choices. She&#8217;s not being forced to do anything, other than do what all decent people do: follow the law!</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236462</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Tue, 27 Aug 2013 20:15:55 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236462</guid>

					<description><![CDATA[I would think it more likely that they wanted to make an ideological point about how such-and-such could not be tolerated.]]></description>
			<content:encoded><![CDATA[<p>I would think it more likely that they wanted to make an ideological point about how such-and-such could not be tolerated.</p>
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		<title>
		By: DensityDuck		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236459</link>

		<dc:creator><![CDATA[DensityDuck]]></dc:creator>
		<pubDate>Tue, 27 Aug 2013 19:31:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236459</guid>

					<description><![CDATA[The couple did not actually want the photographers to provide services.  What they *wanted* was a big fat settlement check.]]></description>
			<content:encoded><![CDATA[<p>The couple did not actually want the photographers to provide services.  What they *wanted* was a big fat settlement check.</p>
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		<title>
		By: mojo		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236362</link>

		<dc:creator><![CDATA[mojo]]></dc:creator>
		<pubDate>Mon, 26 Aug 2013 21:41:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236362</guid>

					<description><![CDATA[Chop off all the heads.

No, not literally. Photographically.]]></description>
			<content:encoded><![CDATA[<p>Chop off all the heads.</p>
<p>No, not literally. Photographically.</p>
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		<title>
		By: Sparky		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236136</link>

		<dc:creator><![CDATA[Sparky]]></dc:creator>
		<pubDate>Sun, 25 Aug 2013 03:58:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236136</guid>

					<description><![CDATA[I exercised my artistic judgment to shoot the wedding on &lt;a HREF=&quot;http://www.labeauratoire.com/film/SuperXX/superxx.html&quot; rel=&quot;nofollow&quot;&gt; nitrate film&lt;/a&gt; and unfortunately it combusted under the enlarger lamp.]]></description>
			<content:encoded><![CDATA[<p>I exercised my artistic judgment to shoot the wedding on <a HREF="http://www.labeauratoire.com/film/SuperXX/superxx.html" rel="nofollow"> nitrate film</a> and unfortunately it combusted under the enlarger lamp.</p>
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		<title>
		By: Canvasback		</title>
		<link>https://www.overlawyered.com/2013/08/wedding-photographer-loses-new-mexico-discrimination-case/comment-page-1/#comment-236127</link>

		<dc:creator><![CDATA[Canvasback]]></dc:creator>
		<pubDate>Sun, 25 Aug 2013 02:07:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=40892#comment-236127</guid>

					<description><![CDATA[The media is a protected class - we can&#039;t discriminate based on content. But I dare you to try to get my ex ( a graphic designer) to do any work for Fox News; or that other outfit that makes a big deal out of the 2nd Amendment.]]></description>
			<content:encoded><![CDATA[<p>The media is a protected class &#8211; we can&#8217;t discriminate based on content. But I dare you to try to get my ex ( a graphic designer) to do any work for Fox News; or that other outfit that makes a big deal out of the 2nd Amendment.</p>
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