“Gay” Doesn’t Mean Happy

Art Connection

Grace by Eric Enstrom

This week, the Supreme Court of the United States denied the petition of Elane Photography, a small business in New Mexico. Elane Photography was petitioning SCOTUS because the owners were penalized in New Mexico for denying photography services at a same-sex wedding. Elane Photography hoped that an appeal to its First Amendment right of free speech would set a precedent for other state courts hearing cases about this issue.

This year, the following cases were seen in state courts across America:

–a t-shirt printer wouldn’t print a design ordered by a group to be used at a gay pride parade

–a baker refused making wedding cake toppers of gay couples

–a florist denied arrangement services for a gay wedding

While I could spend this whole piece discussing the scope of the law and and constitutional rights of these businesses, I will only touch that briefly.

Specifically in New Mexico, there is a statute which declares all business operating in the state must not discriminate on supplying goods/services to customers based on race, gender, sexual orientation, religion, etc. What Elane Photography was trying to do in its appeal to the SCOTUS was declare this statute in violation of the constitution, and prohibit its existence in other states.

On the matter of free speech, Elane Photography (and the other similar cases I stated above, all of which are represented by the Alliance Defending Freedom) claims that the court’s force of supplying this service is equivalent to forcing an artist to paint a certain picture. In the case of Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, Hurley’s right to not speak a message (even if it was representative of the client and not the company) was protected.

It’s undeniable that there is considerable proof that the law may be on the side of Elane Photography. I mean, it’s not that hard to imagine that a photographer should have the right to deny doing nude sessions, or that a baker should not have to make cakes with images of genital organs on it.

Some people suggest a middle-ground option that doesn’t allow business to discriminate against people merely because they have a different lifestyle. They believe the law should merely preserve the right of a business to deny services which would directly facilitate the acts of that lifestyle that are contradictory to the owner’s convictions. But it’s so easy to imagine this law would could be so broad that it would allow petty discrimination (such as not serving dinner to gay couples on dates or discriminating against gay couples applying to rent/lease a home).

What about consistency?

And what about yielding your rights?

Elane Photography is owned by Christians. For it to truly be without hypocrisy, it would need to deny services (and probably stop personally attending) all weddings involving a divorcee or couples with children out of wedlock. They cannot act like one marital sin is less deserving of grace than another.

What’s even more important in this issue is an understanding of grace. Even with a law forcing you to service gay customers, you could find ways to discourage that kind of business (a mission statement, obvious Christian decorations, etc.). But even then, it would be so easy to verge toward becoming seen as another intolerant Christian–or worse, a Westboro Baptist type.

I understand the desire to be clear in one’s conscience. And for that reason, I’m not disregarding the legitimacy of a business denying service in situations that seem to reject its convictions.

But consider this.

Consider the personal rights you yield when freely enter the market of economic exchange.

Consider the opportunities to be a witness in an otherwise widely marginalized community by Christians.

Consider the grace and love you could show your clients by clearly stating your personal convictions, and then yielding your right to ostracize them by serving them.

I have struggled for weeks on writing this, which is why my answer may seem hazy. I cannot give a black & white solution, but I think the middle-ground is always a little gray.

If you run a small business and encounter situations like this, I’d love to hear your story! “Say hello” in the sidebar, give me some kudos, and share with your friends.

vérité et de grâce

truth and grace