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Six years earlier, New Mexico resident Elaine Huguenin, who runs a photography business, declined a request to photograph a commitment ceremony between two women. In doing so, Mrs. Huguenin broke no contract, violated no promise, and didn’t defraud anybody.
Like Darden, Mrs. Huguenin exercised her absolute property right as a business owner, which includes the unqualified freedom to accept or reject clients at her sole discretion. Darden was publicly praised for his decision. Huguenin was prosecuted.Rather than simply finding another photographer willing to take their business, the aggrieved women who had contacted Huguenin filed a complaint with a bureaucratic body calling itself the Human Rights Commission, which is more accurately described as the state’s Social Relations Soviet. The agency ruled that Huguenin had committed an act of “sexual orientation discrimination” and imposed a fine of nearly $7,000. Part of that sum went to the plaintiffs. By then they had who found another photographer willing to make a record of their ceremony, which was performed by a female cleric in Taos.
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