By Professor Christopher Schmidt
Earlier this week, the U.S. Supreme Court denied certiorari in a New Mexico case involving a photography business that refused to take pictures at a same-sex commitment ceremony. This act of discrimination, according to the state human rights commission, ran afoul of the New Mexico public accommodations law. The couple who owned the photography company claimed that a legal requirement to serve same-sex customers in this context infringed their First Amendment rights. Their argument, in essence, was that in certain circumstances they had a right to discriminate.