ELANE PHOTOGRAPHY (NM) | Does Not Have a First Amendment Right to Discriminate | Supreme Court Ruling

ELANE PHOTOGRAPHY (NM) | Does Not Have a First Amendment Right to Discriminate | Supreme Court Ruling

ACLU | 7 April 2014

Supreme Court turned away a photography business’s claim that it had a First Amendment right to break New Mexico public accommodations law and discriminate against gay customers.

No court has ever held that a business has a First Amendment right to discriminate in the commercial marketplace. For over 150 years, states have passed public accommodation laws saying that if a business voluntarily decides to open its doors to the public, they can’t pick and choose which customers they will serve.

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