ulises_reath Posted February 9, 2011 Share Posted February 9, 2011 <p>I'm a Christian and because of my religious beliefs, I don't believe in same-sex marriage. I do not want to ever photograph a gay or lesbian wedding. I'm a private business, so should I be able to make my own choices of what clients I do business with? I don't own a public studio. I work out of my home. </p> <p>How do I word my contract and business policy so I will be lawful to turn away gay and lesbian potential clients?</p> <p>I read of a person getting sued and losing for refusing to photograph a gay wedding. I do not want this to happen to me for standing by my beliefs.</p> <p><a href="http://www.scottfillmer.com/2008/07/06/christian-photographer-refused-gay-wedding/">http://www.scottfillmer.com/2008/07/06/christian-photographer-refused-gay-wedding/</a></p> <p>I would appreciate any advice or help! Thank you!</p> Link to comment Share on other sites More sharing options...
zane1664879013 Posted February 9, 2011 Share Posted February 9, 2011 <p>If you want specific legal language, hire a lawyer. It's the only way.</p> Link to comment Share on other sites More sharing options...
Matt Laur Posted February 9, 2011 Share Posted February 9, 2011 <p>In practical terms, you've probably just taken care of it right now. Anyone Googling your name will now plainly see this, and I can't imagine too many gay couples wanting to do business with you, at this point. More importantly, there are going to be a lot of straight couples who will probably feel the same way. Doesn't make you lawsuit-proof, obviously.<br /><br />You still have to be careful refusing to do business with protected classes. You might as well say that you don't want to photograph couples whose skin colors don't match perfectly. I would tread very carefully, here, and consult an actual lawyer so that you understand your exposure and how it relates to not only federal law, but your local/county/state laws, as well. You will get many comments here, but none will be as important as the actual legal advice you get from a real lawyer.<br /><br />Of note, I don't think this is a contract issue. Your contract language doesn't really matter until you and another party sign it. You're talking about turning people away before a contract is ever even drafted. If you can, your best bet is to simply explain that you don't find yourself to be a good fit for the prospective clients' event. Of course, now that you've established - in public - that sexual orientation is a big factor for you in turning people away, that's a much more difficult bit of diplomacy to convincingly use. You may find that your most viable approach is to not advertise to the public, and to simply look for word of mouth referrals within the smaller social group within which you find you can work.</p> Link to comment Share on other sites More sharing options...
waltflanagan Posted February 9, 2011 Share Posted February 9, 2011 <p>I predict 9 posts before this become's relevant.<br> http://en.wikipedia.org/wiki/Godwin%27s_law</p> Link to comment Share on other sites More sharing options...
JDMvW Posted February 9, 2011 Share Posted February 9, 2011 <p>Does that have to be in the contract? Like people are going to try to trick you into shooting a gay wedding?</p> <p>Just put up a sign on your place of business on the order of "no Irish need apply" or simply plaster all your advertising with references to Biblical chapters you feel are relevant, like <a href="http://www.biblegateway.com/passage/?search=Matthew+6%3A1-8&version=NIV">Matthew 6:1-8</a>, for example.</p> <p>What happens next depends on the public access laws of your state, I guess.</p> Link to comment Share on other sites More sharing options...
Matt Laur Posted February 9, 2011 Share Posted February 9, 2011 <p>JDM, you sly devil.</p> Link to comment Share on other sites More sharing options...
zane1664879013 Posted February 9, 2011 Share Posted February 9, 2011 <p>Walt, by linking to it you've invoked it!</p> Link to comment Share on other sites More sharing options...
steve m smith Posted February 9, 2011 Share Posted February 9, 2011 <p>I wouldn't put in any such statement.</p> <p>However, it's up to you to accept work or not and you don't need to give a reason. Just saying that you are not available on that date will put an end to it.</p> Link to comment Share on other sites More sharing options...
ulises_reath Posted February 9, 2011 Author Share Posted February 9, 2011 <p>Thank you everyone for your advice! What if someone tricks me or is laying in wait like what happened here: <a rel="nofollow" href="http://www.scottfillmer.com/2008/07/06/christian-photographer-refused-gay-wedding/" target="_blank">http://www.scottfillmer.com/2008/07/06/christian-photographer-refused-gay-wedding/</a> ?</p> Link to comment Share on other sites More sharing options...
starvy Posted February 9, 2011 Share Posted February 9, 2011 <p>You don't have to shoot a gay ceremony. You might open yourself up to legal pursuits by openly having an anti-gay contract. I would advise you to politely decline offers when someone enquires about your services rather than open yourself up to vilification?<br /> You have a right to your opinion whether right or wrong. You are not providing an essential service. The sort of service you provide could be sourced elsewhere. Having a contract as you suggest or perhaps words to that on your website might offend individuals. Your disapproval of their sexuality would hardly make them renounce homosexuality. So why offend going out of your way?<br /> We live in a world where there is room for all sorts of opinions.</p> <p> </p> Link to comment Share on other sites More sharing options...
tonybynum Posted February 9, 2011 Share Posted February 9, 2011 does this mean you only photograph Christian weddings, what about Jewish, or Muslim or a mixed Christian with Mormon, what if a woman was pregnant at the wedding, what if she was really a he? The point is, even if you are respecting your own religious belief as it pertains to gay's, how do you know your not, or have not infringed on you other religious beliefs? Does it only count if you know about it? Seems like a slippery slope to me. If you're going to discriminate against gays, why not lead off your website by saying something like, "I have strongly held religious beliefs that can infringe on my ability to photograph your wedding. Please fill out this form. . . " Link to comment Share on other sites More sharing options...
joseph_wisniewski Posted February 9, 2011 Share Posted February 9, 2011 <blockquote> <p>I'm a Christian and because of my religious beliefs,</p> </blockquote> <p>If you're taking the Bible literally enough to believe that it forbids homosexuality, then it also forbids photography:</p> <blockquote> <p><strong>Isaiah 44:9 (KJV) They that make a graven image are all of them vanity; and their delectable things shall not profit; and they are their own witnesses; they see not, nor know; that they may be ashamed.</strong></p> </blockquote> <p>The "cherry pick your passages" crowd always tries to counter that the Bible only refers to the worshiping of graven images. This is untrue, Isaiah 44:9 has nothing to do with the worshiping of graven images, it's entirely about the vanity of creating graven images. Worshiping graven images is covered in an entirely different paragraph</p> <blockquote> <p><strong>Isaiah 44:15 (KJV) Then shall it be for a man to burn: for he will take thereof, and warm himself; yea, he kindleth it, and baketh bread; yea, he maketh a god, and worshippeth it; he maketh it a graven image, and falleth down thereto.</strong></p> </blockquote> <p>And a bit of reinforcement. Again, note the lack of a concept of "worshiping" the graven images, the crime against the Law of God is "making" them.</p> <blockquote> <p><strong>Exodus 20:4-5 "Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth."</strong><br> <strong>"Lest ye corrupt yourselves, and make you a graven image, the similitude of any figure, the likeness of male or female,"</strong></p> </blockquote> <p>Of course, weddings are very bad places for a Christian to hang out, because there's tons of drinking and revelry.</p> <blockquote> <p><strong>1 Corinthians 6:9-10</strong><strong> (KJV)</strong><strong> "Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind,</strong><br> <strong>Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God."</strong></p> </blockquote> <p>Nor should you participate in a typical wedding, because there are women in jewelry and fancy clothing.</p> <blockquote> <p><strong>Job 35:13 (KJV) "Surely God will not hear vanity, neither will the Almighty regard it."</strong></p> </blockquote> <blockquote> <p><strong>1 Timothy 2:9</strong><strong> (KJV)</strong><strong> "In like manner also, that women adorn themselves in modest apparel, with shamefacedness and sobriety; not with broided hair, or gold, or pearls, or costly array;"</strong></p> </blockquote> <p>Weddings also frequently have men who shave their beards or cut their hair.</p> <blockquote> <p><strong>Leviticus 21:5 (KJV) "They shall not make baldness upon their head, neither shall they shave off the corner of their beard, nor make any cuttings in their flesh."</strong></p> </blockquote> <p>As well as people engaging in the making of graven images of drunks, revilers, women in fancy clothing, and shaved men. And, they're often doing it in a church, in the very sight of God.</p> <blockquote> <p><strong>Deuteronomy 4:25 (KJV) "When thou shalt beget children, and children's children, and ye shall have remained long in the land, and shall corrupt yourselves, and make a graven image, or the likeness of any thing, and shall do evil in the sight of the LORD thy God, to provoke him to anger:"</strong></p> </blockquote> <p>And who can deny that photography is a celebration of vanity. Do you want some passages relating to that?</p> <p>Oh, and do you verify the virginity of the brides yourself before gracing their weddings with your presence, or do you rely on the doctors or priests to certify it before you accept the Christian wedding bookings?</p> Link to comment Share on other sites More sharing options...
frank_skomial Posted February 9, 2011 Share Posted February 9, 2011 <p>Like many restaurants, bars, or businesses dealing with public, you could have a clause that says:</p> <p>"We reserve the right to refuse service to anyone", or something of this nature.<br> It works for them and could work for you. You just need to enforce it at the beginning.</p> Link to comment Share on other sites More sharing options...
funcrunch Posted February 9, 2011 Share Posted February 9, 2011 <p>Regardless of your actual legal rights here, Ashley, I do hope that many prospective clients Google your name and are made aware of your attitude when deciding whether or not to book you. </p> Link to comment Share on other sites More sharing options...
tonmestrom Posted February 9, 2011 Share Posted February 9, 2011 <blockquote> <p>Oh, and do you verify the virginity of the brides yourself before gracing their weddings with your presence, or do you rely on the doctors or priests to certify it before you accept the Christian wedding bookings?</p> </blockquote> <p>fighting fire with fire is one thing Joseph but this is actually funny.</p> <blockquote> <p>lawful to turn away gay and lesbian potential clients</p> </blockquote> <p>I'm anything but an expert on US law, far from it in fact but nevertheless I think your problem starts right here. At least I hope I'm right.</p> Link to comment Share on other sites More sharing options...
joseph_wisniewski Posted February 9, 2011 Share Posted February 9, 2011 <p>Thanks, Tom. I try.</p> Link to comment Share on other sites More sharing options...
waltflanagan Posted February 9, 2011 Share Posted February 9, 2011 <p>Joseph's response should be etched in stone and then carried around in a big wooden box. Now I need to look up all of his quoted passages at The Brick Testament, a hilarious yet accurate depiction in Lego of scenes from the Bible.<br> http://www.bricktestament.com/</p> Link to comment Share on other sites More sharing options...
Jerry_ Posted February 9, 2011 Share Posted February 9, 2011 <p>"...What if someone tricks me or is laying in wait like what happened here..."</p> <p>Buy a clunker camera body from KEH in Atlanta. Simply have it boxed up and ready to put into the mail or a UPS shipment. If you are requested to shoot - mail the camera and say your equipment is in the shop...and you can't photograph the event.</p> <p>But a simple, civil - "No thank you." should be enough to decline any request for your photography skills.</p> <p> </p> Link to comment Share on other sites More sharing options...
john_h.1 Posted February 9, 2011 Share Posted February 9, 2011 <blockquote> <p>How do I word my contract and business policy so I will be lawful to turn away gay and lesbian potential clients?</p> </blockquote> <p>Step one: Don't post questions on internet forums asking "How do I word my contract and business policy so I will be lawful to turn away gay and lesbian potential clients?".</p> Link to comment Share on other sites More sharing options...
walter_degroot Posted February 9, 2011 Share Posted February 9, 2011 <p>out of order to the posts.,<br> A biggie was when Moses came down from the mountain and found thet The children of Israel<br> were worshiping a golden calf.<br> St Paul is quite clear of his negative attitude towards<br> Homosexuality. According to what the Bible and some of the above<br> quotations say " will not inherit the kingdom" implies they are headed straight to hell.<br> as well as other groups of people.<br> Cristianity as taught in the bible demands exclusivity.<br> Meaning if you do not believe it or practice a waatered-down or warped<br> version you may be headed to the hot place.<br> One exception. When God make a promise it is not revoked or changed.<br> The God or Abraham Issac and David made promises that are still in effect.</p> <p>According to what I have read, and though the KJV of the Bible is a great and accurate translation,<br> King Jamed himself was a practicing homosexual for all of his life.<br> I do not know this for an absolute fact. But that is what<br> historians and others NOT against the translation say so.<br> I know this will cause many to be upset.<br> as it is their concept of right and wrong is being challenged.<br> But this not what I am writing, But what is written many years ago.<br> People often believe anything. I was told in the 1980s<br> " next summer they will have a Kodachrome home kit"<br> HE believed it. The concept of "ONE WAY" is hard for some to accept.<br> But sometimes it is 100% true.</p> Link to comment Share on other sites More sharing options...
zane1664879013 Posted February 9, 2011 Share Posted February 9, 2011 <p><em>Cristianity as taught in the bible demands exclusivity.</em><br /><em> Meaning if you do not believe it or practice a waatered-down or warped</em> <em>version you may be headed to the hot place.</em><br> <em><br /></em><br> I'm curious Walter Degroot -- will you volunteer to execute adulterers?<br> Lev 20:10 - And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbor's wife, the adulterer and the adulteress shall surely be put to death.</p> Link to comment Share on other sites More sharing options...
ccommins Posted February 9, 2011 Share Posted February 9, 2011 Find a wedding photographer that will take gay couples pictures and refer them. I can't imagine how you would word that contract without be hurtful. I have gay friends and if they would ask me to photograph their wedding I would jump at the chance. Remember you have the right to turn them down, but they have the right to be married. Link to comment Share on other sites More sharing options...
john_h.1 Posted February 9, 2011 Share Posted February 9, 2011 <p>Step two: Don't ask photographers since the question has nothing to do with photography.</p> <p> </p> Link to comment Share on other sites More sharing options...
ulises_reath Posted February 9, 2011 Author Share Posted February 9, 2011 <p>Joseph W., anytime the bible verses are talking about "images" or "graven images", that means idols (physical statues, dolls, golden calves, etc. and spiritual idols as well), not pictures or photos. Please check multiple translations of the bible. </p> Link to comment Share on other sites More sharing options...
ulises_reath Posted February 9, 2011 Author Share Posted February 9, 2011 <p>John H., I thought other photographers may have been in this situation or had sought legal advice previously.</p> <p>Thank you everyone for your advice! I'm not asking about Christianity everyone. Please let me know any advice you have about turning away clients lawfully. </p> Link to comment Share on other sites More sharing options...
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