Better question would be, what if the couple was mixed? Until recently, there were always preachers who wouldn't marry a mixed couple. I don't know what stopped the practice, but I'm almost sure it did not involve the courts.
IMO, the New Mexico case is two issues: First, taking pictures; second, writing commentary.
Taking the pictures needn't involve any expression of belief. Just get the composition, light and shutter speed right. Here, refusing service is a simple public accommodation problem.
However, forcing the business to write commentary brings us to government-mandated speech. My objection is the same as when some teacher assigns the kids to lobby for a particular point of view. It's even creepier than outright censorship.
But the disturbing part of the story, IMO, is to see the ACLU declare that anything -- anything -- is more important than the Bill of Rights. The business of the ACLU is to defend civil rights, no matter how offensively exercised.
Re: It is complicated...
Better question would be, what if the couple was mixed? Until recently, there were always preachers who wouldn't marry a mixed couple. I don't know what stopped the practice, but I'm almost sure it did not involve the courts.
IMO, the New Mexico case is two issues: First, taking pictures; second, writing commentary.
Taking the pictures needn't involve any expression of belief. Just get the composition, light and shutter speed right. Here, refusing service is a simple public accommodation problem.
However, forcing the business to write commentary brings us to government-mandated speech. My objection is the same as when some teacher assigns the kids to lobby for a particular point of view. It's even creepier than outright censorship.
But the disturbing part of the story, IMO, is to see the ACLU declare that anything -- anything -- is more important than the Bill of Rights. The business of the ACLU is to defend civil rights, no matter how offensively exercised.
Congress is a series of tubes.