Matthew Cullinan Hoffman

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Photographers guilty of ‘discrimination’ for refusing to shoot same-sex ‘wedding’: New Mexico court

Matthew Cullinan Hoffman
Matthew Cullinan Hoffman
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June 7, 2012 (LifeSitenews.com) - A New Mexico appeals court has upheld a lower court verdict that a photography studio that refused to shoot a same-sex “wedding” on religious grounds is guilty of “sexual orientation discrimination” under state law.

According to the court’s verdict, the trouble began for Elane Photography when the company was contacted by lesbian Vanessa Willock asking if they could photograph a “commitment ceremony” for Willock and her “partner.” The company, owned by Christian couple Elaine and Jonathan Huguenin, responded stating that they only shoot traditional weddings, and do not do “same-sex weddings,” but thanked Willock for her interest.

The following day, Willock’s anonymous “partner” sent an email to Elane Photography stating that she was going to “marry,” without stating that the “marriage” would be between herself and a woman.  She asked if the company could travel to the location of the event, and was told that it could. 

The two emails would be used as proof that the Huguenins were discriminating against Willock in her suit against the company, and resulted in a judgment of $6,637.94 against the defendant.

Although the government of New Mexico does not recognize same-sex “marriage,” civil unions, or domestic partnerships for homosexuals, the court ruled that Elane Photography had engaged in illegal discrimination based on sexual preference under the New Mexico Human Rights Act (NMHRA).

The court brushed aside the claim that photography is a form of “speech” protected under state and federal law, ruling, “The NMHRA does not force Elane Photography to endorse any message or modify its own speech in any way. Rather, the NMHRA requires Elane Photography merely to offer its photography services without discrimination against any member of a protected class.”

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It also dismissed the argument that compelling the owners of the company to photograph such weddings would constitute a violation of freedom of religion, stating, “the burden on freedom of religion experienced by Elane Photography is unclear.”

The Alliance Defense Fund, which was representing the couple, has decided to appeal the case to a higher court.

“Americans in the marketplace should not be subjected to legal attacks for simply abiding by their beliefs,” said ADF Senior Counsel Jordan Lorence. “Should the government force a videographer who is an animal rights activist to create a video promoting hunting and taxidermy?

“Of course not, and neither should the government force this photographer to promote a message that violates her conscience. Because the U.S. Constitution prohibits the state from forcing unwilling artists to promote a message they disagree with, we will certainly appeal this decision to the New Mexico Supreme Court.”

Law professor and legal commentator Eugene Volokh denounced the decision as an attack on freedom of speech protections.

“It seems to me that the right to be free from compelled speech includes the right not to create First-Amendment-protected expression — photographs, paintings, songs, press releases, or what have you — that you disagree with, even if no-one would perceive you as endorsing that expression,” he wrote in his blog, the Volokh Conspiracy.

Volokh cites the U.S. Supreme Court case of Wooley v. Maynard (1978), in which a state license plate containing a motto that drivers disagreed with was seen as violating the first amendment, even though no reasonable person would be believe that the bearers of the plate were in agreement with the motto.

“It follows even more strongly, I think, that people should have a First Amendment right not to create expression that they don’t wish to create, regardless of whether outsiders would perceive such creation as an endorsement of the message,” said Volokh.

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'Don’t ever say ‘yes’ to that. It’s terrible,' said Robertson.
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Phil Robertson: Never vote for politicians who support ‘ripping human fetuses’ from mom’s womb

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By John Jalsevac

Phil Robertson is known for not pulling any punches when it comes to expressing his opinions on controversial issues, and he certainly didn’t disappoint at the Outdoor Extravaganza in Louisiana earlier this month.

Speaking to a massive crowd of some 8,000 outdoors enthusiasts at the CenturyLink Center, Robertson blasted Christians for not getting active in the political sphere.

“There are about 90 to 100 million of us who claim Jesus. The problem is only half of you register to vote and out of the half of you that registers to vote, only half of that group actually goes and votes,” Robertson said, according to the ShrevePort Times.

“Therefore, when you’re looking up there and griping and complaining about what you see in Washington D.C., you might as well shut up,” he added. “The reason they’re there is we’re putting them there. If you don’t get anything else out of this, remember this — register to vote for crying out loud.”

But Robertson reserved his strongest remarks for politicians who support abortion.

“If the dude or woman is for ripping human fetuses out of their mother’s womb, don’t ever vote for that,” Robertson said bluntly. “Don’t ever say ‘yes’ to that. It’s terrible.”

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Robertson also lamented the increasing secularization of the United States.  

“We’ve lost it folks,” he told the crowd. “We ran God out of our schools. We ran him out of the entertainment business. We ran him out of the news media. We’ve run him out of the judiciary, and we’ve run him out of Washington D.C.

“Well, what you get is what is left up there. They’re ungodly. You agree?”

Ever since A&E’s Duck Dynasty became the most popular reality show in TV history, members of the Robertson family have earned a name as unapologetic defenders of traditional Christian values.

At the Outdoor Extravaganza, Phil was accompanied by his wife, Miss Kay, and eldest son Alan, who also addressed the crowds. 

Phil’s blunt deliveries have occasionally landed him in hot water – most memorably when he addressed the topic of homosexuality in an interview with GQ magazine, earning him a short-lived suspension from his TV show by A&E.

But Robertson refused to apologize for the remarks despite intense pressure from homosexual activists and leftist groups.

“They railed against me for giving them the truth about their sins,” Robertson later said about the response to his GQ interview, pointing out that in the interview he had simply quoted Scriptural prohibitions against homosexuality and a variety of other sins.

"The news media didn't even know it was a verse," Robertson said. "They thought I was just mouthing off."

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Ulrich Klopfer wide
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Four Indiana abortionists could lose their licenses over reporting violations

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By Ben Johnson

The attorney general of Indiana, Greg Zoeller, has asked a state board to review the medical licenses of four abortionists, including an out-of-state abortionist who failed to report two cases of statutory rape.

The Indiana Medical Licensing Board will review the cases of Dr. Ulrich “George” Klopfer, Dr. Resad Pasic, Dr. Kathleen Glover, and Dr. Raymond Robinson.

A press release from the attorney general's office called Klopfer's “the most egregious complaint.” Klopfer, who lives in Crete, Illinois, failed to report abortions of two 13-year-olds – one at his Women’s Pavilion abortion facility in South Bend and another in his office in Gary.

All abortions must be reported to the Indiana State Department of Health, and abortions performed on minors younger than 14 must also be reported to the Indiana Department of Child Services within three days. Under state law, children under the age of 14 are incapable of consenting to sex, so any sexual relationship with them is considered likely statutory rape.

Klopfer reported the two abortions 116 days and 206 days afterwards, something he described as “an honest mistake.” Klopfer faces a misdemeanor criminal charge in both Lake and St. Joseph county in connection with those allegations.

Every single one of the 1,818 abortion reports Klopfer turned in to state authorities between July 2012 and November 2013 was false or incomplete, Zoeller says. The doctor often omitted the father's name and had a habit of listing the date of every abortion at 88 weeks gestation.

The abortionist is also charged with 13 violations of the state's informed consent law.

“The pending criminal charges brought by county prosecutors along with the sheer volume of unexplained violations...merits review by the Medical Licensing Board to determine whether disciplinary action is warranted,” Zoeller said.

The other three abortionists work at the Clinic for Women in the Indianapolis area. According to a press release from the state attorney general's office, they “are in alleged violation of similar record-keeping and advice and consent laws regarding abortion procedures,” but they face no criminal charges.

The allegations were collected and submitted by Indiana Right to Life, which combed through Klopfer's records. “Our legislators passed laws regarding consent and record keeping to ensure high standards of quality and care for Hoosier women,” Indiana Right to Life President and CEO, Mike Fichter, said. “We're disappointed that these abortion doctors apparently did not willingly comply with Indiana law. We hope the Medical Licensing Board immediately schedules hearings.”

“If found guilty, we believe the abortion doctors should be fined and their licenses to practice in Indiana should be revoked," he added.

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His views were shared by national pro-life leaders. “We are encouraged by the filing of these Administrative Complaints today and urge the Board to revoke Ulrich Klopfer’s medical license due to the fact that he placed young girls in serious risk of continued rape and other abuse by neglecting to report,” said Troy Newman, President of Operation Rescue. “Each of these abortionist require stiff discipline in order to impress it upon others that laws are meant to be followed and that they are not above it.”

Zoeller's complaint did not mention a third abortion of a 13-year-old that Klopfer reported after the legal date. The abortion took place in Fort Wayne in February 2012, but he did not report the procedure until July. Police subsequently filed two charges of child molestation against Ronte Lequan Latham, who was then 19-year-old.

Tensions this produced with another physician in his Fort Wayne office led to the first abortion facility closure of 2014.

The epidemic of underreporting presumed statutory rape is not limited to Klopfer. Between 58 and 75 percent of abortions performed on Indiana girls under the age of 14 were not reported in accordance with the law, according to an investigation by Amanda Gray of the South Bend Tribune.

Klopfer had a history of run-ins with authorities. In 2010 and 2012, state inspectors found that he allowed the bodies of aborted babies to be stored in a refrigerator alongside medicine the office gave to women who came in for the procedure.

The board has not yet set a date to hear evidence and make a judgment about their fitness to practice. If the board objects, it could respond by issuing a reprimand, suspending a license, or revoking the abortionists' medical license and imposing fines.

The accused may continue performing abortions until the board makes a final decision. 

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President Obama speaks at Planned Parenthood's national conference in 2013.
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Obama remakes the nation’s courts in his image

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By Dustin Siggins
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It has often been said that the Affordable Care Act (ACA) is President Obama's greatest achievement as president. However, that claim may soon take second place to his judicial nominees, and especially their effect on marriage in the United States.

In a new graphic, The Daily Signal notes that while President George W. Bush was able to get 50 nominees approved by this time in his second term, Obama has gotten more than 100 approved. According to The Houston Chronicle, "Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 U.S. Courts of Appeals. When Obama took office, only one of those courts had more full-time judges nominated by a Democrat."

Three of the five judges who struck down state marriage laws between February 2014 and the Supreme Court's Windsor decision in 2013 were Obama appointees, according to a CBS affiliate in the Washington, D.C. area. Likewise, the Windsor majority that overturned the Defense of Marriage Act included two Obama appointees, Justices Sonia Sotomayor and Elena Kagan. Obama has nominated 11 homosexual judges, the most of any president by far, says the National Law Journal.

Only one federal judge has opposed same-sex "marriage" since the Supreme Court's Windsor decision. He was appointed under the Reagan administration.

This accomplishment, aided by the elimination of Senate filibusters on judicial nominees, could affect how laws and regulations are interpreted by various courts, especially as marriage heads to a probable Supreme Court hearing on the constitutionality of state laws.

Democrats eliminated the filibuster for all judicial nominees except for Supreme Court candidates last year, saying Republicans were blocking qualified candidates for the bench. However, the filibuster was part of the reason Democrats were able to keep the number of approved Bush appointees so low.

The Supreme Court may hear multiple marriage questions in its 2015 cycle. 

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