A Christian photographer has won a case against the New York state and county officials who attempted to force her to celebrate same-sex weddings on her wedding photography website.
On May 22, the U.S. District Court of the Western District ruled that her wedding-photography services is an “expressive activity protected by the First Amendment.”
The court’s opinion referred to 303 Creative v. Elenis, a case in which the Supreme Court ruled in 2023 that Colorado law cannot force Lorie Smith, a graphic designer, to make custom websites for same-sex weddings.
“Given the Supreme Court’s decision in 303 Creative,” the ruling stated, “it is now beyond debate that a state’s public accommodations law may not be ‘applied to expressive activity to compel speech.’”
The opinion notes that the “Supreme Court held that the Free Speech Clause of the First Amendment bars states from applying their public accommodations laws to compel citizens to say or express things they don’t believe.”
The case, Emilee Carpenter Photography v. James, commenced in April 2021, when Alliance Defending Freedom (ADF) filed suit on behalf of Carpenter after New York officials attempted to force Carpenter to include such content on her website since she creates wedding photographs and blogs.
Refusing to compromise, Carpenter faced a revoked business license, fines up to $100,000, and up to year in jail for breaking New York’s public accommodation laws. These laws barred Carpenter from choosing to affirm only opposite-sex marriages, adopting an editorial policy that reflects her stance on marriage, or creating website posts that describe her religious beliefs on marriage.
In December 2021, a district court ruled in favor of the state. ADF appealed the case to the 2nd Circuit, which ruled that a preliminary injunction would be reconsidered by the district court.
Eventually, in light of the 303 Creative v. Elenis ruling, the district court granted Carpenter a preliminary injunction, allowing Carpenter to abide by her beliefs as stated on her website: “I believe that marriage is a picture of the Gospel and demonstrates the redemptive love of Jesus Christ, who willingly gave Himself up for us by going to the cross, paying the debt for our sins, and paving a way for us to be united with Him.”
ADF Legal Counsel Bryan Neihart applauded the ruling in a press release.
“Free speech is for everyone, and more courts are ruling consistent with that message,” Neihart said. “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe. The U.S. Constitution protects Emilee’s freedom to express her own views as she continues to serve clients of all backgrounds and beliefs. The district court rightly upheld this freedom and followed Supreme Court precedent.”
Photo: Alliance Defending Freedom