A federal judge has blocked New York from enforcing laws that could require a Christian photographer to work same-sex weddings despite her deeply held beliefs that marriage is a union between one man and one woman.
In a decision published Thursday, Judge Frank Geraci of the U.S. District Court for the Western District of New York sided with photographer Emilee Carpenter in her years-long battle. She seeks to ensure she won’t have to take actions that violate her deeply held religious beliefs as a condition of conducting business in New York.
“From start to finish, Plaintiff provides a customized, tailored photography service that is guided by her own artistic and moral judgment,” he wrote.
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Carpenter alleged that the state’s public accommodation laws preventing nondiscrimination on the basis of sexual orientation and gender identity violated her free speech and free association rights, as well as her right to practice her religion.
As a devout Christian who believes that marriage is between a man and a woman, Carpenters said she was concerned at the prospect of having to photograph same-sex weddings in order to comply with state law.
In his ruling, Geraci agreed with Carpenter that her wedding photography services constituted “mediums of expression” protected by the First Amendment. Geraci, appointed to the bench by former President Barack Obama, granted Carpenter’s request for a preliminary injunction preventing the state from enforcing a series of nondiscrimination laws against Carpenter as her litigation continues.
New York can’t “force Plaintiffs to offer to same-sex couples the same engagement- and wedding-photography services they provide to opposite-sex couples” and “prevent Plaintiffs from adopting their desired Beliefs and Practices policy.”
The state is also prohibited from enforcing an additional aspect of nondiscrimination law seeking to “prevent Plaintiffs from asking prospective clients questions sufficient to determine whether they seek photography services celebrating a same-sex wedding or engagement or from asking materially similar questions.”
Carpenter’s litigation against New York dates back several years.
After the federal court ruled against Carpenter in 2021, the U.S. Supreme Court ruled in 303 Creative LLC v. Elenis that the First Amendment requires states to refrain from using “expressive activity to compel speech.”
At the time, Carpenter’s case was pending before the U.S. Court of Appeals for the Second Circuit. Following the 303 Creative decision, the appellate court ordered the district court to hear the case again in light of the ruling.
The religious liberty nonprofit Alliance Defending Freedom, representing Carpenter in her litigation, cheered the new development in her case.
“Free speech is for everyone, and more courts are ruling consistent with that message,” Alliance Defending Freedom Senior Counsel Bryan Neihart said in a statement.
“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,” he added. “Emilee can now enjoy the freedom to create and express herself, a freedom that protects all Americans regardless of their views.”
Carpenter faced a potential fine of $100,000, the revocation of her business license, and up to a year in jail if she is found to have violated the state’s nondiscrimination laws.
While Carpenter never faced litigation for refusing to provide services for a same-sex wedding, other business owners across the U.S. have found themselves in court for declining to participate in same-sex weddings due to their religious beliefs.
Aaron and Melissa Klein, a Christian couple based in Oregon, faced $135,000 in fines for declining to make a cake for a same-sex wedding. Barronelle Stutzman, a florist based in Washington state, paid $5,000 to end litigation stemming from her objection to providing flowers to a same-sex wedding.
In 2018, the U.S. Supreme Court ruled in favor of Colorado Christian baker Jack Phillips, who faced punishment from the state government for refusing to bake a same-sex wedding cake.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
