Two months after a federal judge blocked New York from forcing a Christian photographer to provide services for same-sex weddings, the state has agreed to a settlement bringing four years of litigation to an end.
As part of the agreement reached Tuesday in the U.S. District Court for the Western District of New York, New York’s Democratic Attorney General Letitia James and Commissioner of the New York State Division of Human Rights Denise Miranda have been ordered not to enforce several provisions of New York’s antidiscrimination laws against Emilee Carpenter Photography.
Under the terms of the agreement, the defendants will pay $225,000 in attorney’s fees stemming from the litigation first filed by Carpenter in 2021.
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Carpenter’s lawsuit stemmed from her concern that New York state law would require her to provide services for same-sex weddings despite her religious objections to doing so.
U.S. District Judge Frank Geraci, an Obama appointee, issued an order in favor of Carpenter in May.
The judge prohibited the state from forcing “Plaintiffs to offer to same-sex couples the same engagement- and wedding-photography services they provide to opposite-sex couples” and “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.”
The state also can’t prohibit Carpenter from adopting her “desired Beliefs and Practices policy” and sharing it on her website, social media or in conversations with prospective clients.
Attorneys for Carpenter, from the Alliance Defending Freedom and Dague & Martin, agreed to the terms of the settlement on July 7, while attorneys for the defendants signed off on it on July 8. The terms of the settlement took effect on Tuesday with Geraci’s signature.
Alliance Defending Freedom Senior Counsel Bryan Neihart praised the development.
“Free speech is for everyone, and we’re pleased to settle this case so that Emilee can speak her views on marriage without being punished by New York,” he said in a statement Tuesday. “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 beliefs as she continues to serve clients of all backgrounds and beliefs. New Yorkers can now enjoy the freedom to create and express themselves, a freedom that protects all Americans regardless of their views,” he added.
The U.S. Supreme Court’s 303 Creative LLC v. Elenisruling in 2023 stated that the First Amendment to the U.S. Constitution prohibits states from using “expressive activity to compel speech.” While Carpenter’s lawsuit predates the 303 Creative decision by two years, the decision prompted the 2nd U.S. Circuit Court of Appeals to order the U.S. District Court to rehear Carpenter’s case after it had ruled against her.
Although Carpenter never faced litigation for refusing to provide services for a same-sex wedding, other business owners across the U.S. have faced legal battles because they declined 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 for a same-sex wedding.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
