Gay rights versus special rights
Imagine the joy of planning the happiest day of your life, the day when you marry the woman you love and vow to spend the rest of your life with her. What music would you play, what flowers would you use as decoration, what family and friends would you invite to the ceremony? This is the day you have dreamed about since you were a child, and those few minutes will be the most magical moments of your existence.
Now, imagine asking a photographer to document this glorious event, only to have her turn you down because she was opposed to your marriage on religious grounds.
This is what happened to Vanessa Willock and Misty Collinsworth when they started planning their commitment ceremony for September 15, 2007. It had to be a commitment ceremony, of course, because the state of New Mexico doesn’t allow lesbian couples to legally marry yet. Still, it seems unthinkable that someone would be told by a photographer that her relationship doesn’t meet with her approval.
And then things got really bizarre. Vanessa sued Elane Photography for discrimination, and a fine of $6,637.94 was awarded against the photography business.
Which brings me to my question: when do human rights become special rights?
Is it a special right if I have a job and don’t want to worry about being fired, looked over for promotions, harassed or treated differently from others simply because I’m gay? Is it a special right if I want to serve in the military and be free to mention my boyfriend to my friends and buddies? Is it a special right if I want to marry the one I love and don’t want to have that marriage denied because my partner is the wrong gender?
I don’t think so. I don’t think so at all.
But when does wanting to be treated equally change into demanding to be treated better than others?
My friend’s mother ran a dance studio in Nashville for a while (and being the Country capital of the United States, it isn’t surprising that some of the classes she offered were for squaredancing). Two gay couples wanted to join a class, which my friend’s mom had a problem with since there was already a gay squaredancing club they could have joined at another studio. In all honesty, however, she disapproved of homosexuals regardless, and it irked her that they wanted to dance in her class.
Obviously the gay couples were trying to make a point, and I think it’s a point that needs to be made. Gay and lesbian couples should have the same right to dance as anyone else, whether it’s in a dance studio in Tennessee or a Rockola in Cincinnati.
But the gay couples went further. Not only did they want to join the class, they also wanted to dance exclusively with men, claiming anything less would be discriminatory.
This is where I had a major problem. Squaredancing, from what I remember, involves at least four couples who frequently trade off partners. So there would have to be at least four gay couples, or some of the other men would have to agree to dance as couples. That’s no different from saying you don’t want to dance with black people, or Asians. It’s bigotry, pure and simple, and it’s the very definition of demanding special treatment.
I had another friend who worked at American Express at a time when they initiated a new policy: employees should no longer discuss their marriage or refer to their spouses as husband, wife, or spouse. Since same-gender marriage wasn’t legal, the company felt this would make their homosexual employees feel less discriminated against.
Here you have an example of someone thinking they can make certain people feel equal by stripping away the rights of other people. It’s like some of those “affirminative action” enthusiasts who wouldn’t hire qualified white males because they had to fill a certain quota that didn’t include Caucasian men. Equality is based on treating everyone the same, not taking away from one group in an attempt to balance out the prejudice.
By the way, I have no idea whether that policy was company-wide or just at the Greensboro facility, and I don’t remember now if it was mandatory or optional. I just know that at one point in time, someone thought not being able to acknowledge your husband or wife made for a better work environment.
In case you haven’t figured it out yet, I believe in equal rights but I do not condone special rights. I find it repugnant that religious institutions don’t have to pay taxes because they’re non-profit, yet can contribute millions of those non-taxable dollars to political organizations without fear. But I also find it reprehensible that black women can compete in the Miss America contest but white women can’t compete in the Miss Black America contest.
Which brings us back to Vanessa and Misty.
Now first, you need to know a few things. Elaine Huguenin, the main photographer from Elane Photography, specifically told Vanessa, “We do not photograph same-sex weddings, but again, thanks for checking out our site!” in an e-mail.
Later, when Misty contacted her and didn’t reveal that she was planning a same-gender ceremony, “Huguenin responded enthusiastically and sought to follow up.”
Also, while Huguenin did the majority of the work, she did sub-contract from time to time, so there was no valid reason why she couldn’t have had someone else that wasn’t “religiously opposed” to lesbians photograph the ceremony.
And finally, Huguenin registered her company as an LLC (Limited Liability Company), advertising both online and in the yellow pages of the phonebook, so her business was “open to the public.” Since public accomodations cannot discriminate based on sexual orientation in New Mexico, Elane Photography was fined almost $7,000.
With that in mind, I have extremely mixed feelings about this situation.
Part of me thinks the fine was well-deserved. If Elaine Huguenin does not approve of homosexuals, why not state this on her website? And let’s be very clear here: Vanessa and Misty did not sue the company, nor did they try to force Elaine Huguenin to photograph their ceremony. Instead, they reported Elane Photography and the government fined Elaine’s business.
But a part of me has a huge problem with this.
Let’s talk about Wal-Mart for a moment. If you go in your neighborhood store, you’ll see a variety of items for low prices. What you won’t see is porn magazines, adult movies, certain CDs with explicit lyrics, or “one-handed” paperbacks. Wal-Mart promotes a very family-friendly environment and avoids material that they consider sexually inappropriate.
It’s not censorship. In no way is Wal-Mart trying to stop the sale of Playboy or make it illegal to purchase a battery-operated vibrator. They just choose not to sell certain items.
In fact, there are a lot of things Wal-Mart doesn’t sell. I had to look elsewhere for my computer desk (the one I finally settled on is exclusive to Staples), and if you need a framed, autographed 8″x10″ of Tahmoh Penikett, you won’t find it on one of Wal-Mart’s shelves. They don’t sell cars, houses, or even recliners for the most part. And that’s fine.
As a corporation, Wal-Mart decides what they will sell and what they won’t. Some of those decisions are based on a specific point of view: most families would probably not feel comfortable shopping at Wal-Mart if their five-year-old daughters could find leather cock-rings on aisle 7. Some of those decisions are based on a specific vision of the company: they’re a retail store, not a used-car lot. And some of those decisions are based on what is profitable and what is not. Why carry every brand and every item available if only certain brands and certain items tend to generate a profit?
So what does that have to do with anything?
I believe businesses should have the right to determine what they want to sell and what they don’t. I disagree with Wal-Mart’s decision to sell “clean” versions of CDs - if a CD isn’t appropriate for a certain age group, then don’t sell it to that age group. Besides, I’m always afraid that I’ll end up buying a “clean” version instead of the real one. I also disagree with Target’s decision to sell wine but not beer. Sometimes I need to pick up a few things, and it would be a lot more convenient if I could also buy some Bud Lite at the same time.
Yes, Elaine Huguenin did not want to photograph a lesbian commitment ceremony. Yes, she’s a bigot who really needs to get over herself.
But the truth is, Vanessa and Misty wanted her (or someone affiliated with her business) to take photographs of their wedding. They wanted Elaine to create a specific product that would bear her company’s name, a product that would suggest that Elaine condoned lesbian partnerships and would brand her as a hypocrite if she ever said anything to the contrary.
Do I believe in her views? Of course not. A bigot is a bigot, whether or not they claim religious reasons for being a bigot.
But I don’t like the idea that because she didn’t want her name and her company’s name associated with photographs that would - in any reasonable person’s view - call into question her beliefs and make her seem like a hypocrite who abandons her views whenever money is involved, she was fined almost $7,000 by her own state.
That doesn’t seem like equal rights at all. Instead, it sounds suspiciously like tyranny.
If she had refused to take photographs because Vanessa was a lesbian, I’d be more than happy to see her pay through the teeth. But that wasn’t the case. I seriously doubt Elaine Huguenin has ever asked a potential client their sexual orientation.
She didn’t want to take photographs because she would be documenting and essentially approving of a ceremony that she was taught was immoral.
I hate religion and its obsession with demonizing gays and lesbians. It’s ridiculous and it’s extremely painful to those targeted as victims. But when we start asking for people to not only treat us the same as others but publically demonstrate their approval of us, then I get frightened.
That’s not asking for equality, it’s asking for special rights. It’s demanding for our voices to be heard while insisting that others can’t be.
I think Pat Robertson is the epitome of evil, a shameless charlatan who has no morals and no conscience. But the day the government says he cannot spew his bile freely, then the good guys have lost and the bad guys have won.
Equality means nothing if it’s won through intimidation and fear. And denying the rights of certain people to have an opinion in no way makes others free; it only makes things worse.

