Originally published in The Christian Institute
A Christian photographer cannot be forced to promote same-sex weddings under New York state law, a US district court has ruled.
Emilee Carpenter appealed a lower court decision that would have “threatened her ability to operate her business according to her faith”. Her firm creates photographs and blogs to celebrate marriage between one man and one woman as a gift from God.
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But the US District Court for the Western District of New York has now upheld Carpenter’s free speech, preventing the state from using discrimination law to force her to “offer to same-sex couples the same engagement and wedding photography services” she would give to opposite-sex couples.
‘Free speech is for everyone’
If Carpenter had been convicted for refusing to promote same-sex weddings, she could have been fined up to $100,000 and sentenced to one year in prison.
Bryan Neihart, Senior Counsel at religious liberty group Alliance Defending Freedom which supported the case, said: “Free speech is for everyone, and more courts are ruling consistent with that message.
“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. Emilee can now enjoy the freedom to create and express herself, a freedom that protects all Americans regardless of their views.”
‘Cherished liberties’
In 2023, Christian web designer Lorie Smith won her Supreme Court case 303 Creative LLC v Elenis against Colorado’s Anti-Discrimination Act in anticipation of attempts to force her to use her artistic talents to promote same-sex marriage.
In the 6-3 majority opinion, Justice Neil Gorsuch argued that Colorado sought to force Smith “to speak in ways that align with its views but defy her conscience about a matter of major significance”.
He said, “as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong”.
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