On April 7, 2014, the US Supreme Court decided not to take up the case of Elane Photography, the small photography business that ran afoul of New Mexico’s human rights rules because Elaine Huguenin told a potential customer that she would not photograph a lesbian commitment ceremony. New Mexico’s Supreme Court upheld the judgment against Elane Photography that had been made by the New Mexico Human Rights Commission. The US Supreme Court’s decision lets that ruling stand.

But in declining to take up the case, the US Supreme Court did not somehow decide that cases like this pose no religious freedom or free speech violations. The Court may decline cases for many different reasons.

Still, by not taking up this case, our highest court missed a chance to speak out against the New Mexico Supreme Court justice who claimed that “it is the price of citizenship” for persons to be “compelled by law to compromise the very religious beliefs that inspire their lives.”

And by not taking up the case, our highest court missed a chance to affirm the religious freedom and conscience rights of professionals. And if the religious freedom of professionals is not upheld, then there will be little left of the religious freedom of faith-based organizations who need to staff their organization with professionals.