A federal judge has blocked New York from enforcing laws that could require a Christian photographer to work same-sex weddings.
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, who has been engaged in a multi-year legal battle to ensure she is not forced to violate her deeply held religious beliefs as a condition of doing business in New York.
Carpenter argued that the state's public accommodation laws, which prevent discrimination based on sexual orientation and gender identity, violate her rights to free speech, free association, and the free exercise of her religion. She, a devout Christian who believes marriage is between a man and a woman, expressed concern about having to photograph same-sex weddings to comply with state law.
“From start to finish, Plaintiff provides a customized, tailored photography service that is guided by her own artistic and moral judgment,” Geraci wrote.
In his ruling, Geraci agreed that Carpenter’s wedding photography services are “mediums of expression” protected by the First Amendment. The judge, who was appointed by former President Barack Obama, granted Carpenter's request for a preliminary injunction, preventing the state from enforcing certain nondiscrimination laws against her during the ongoing litigation.
“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 ruling states.
The state is also barred from enforcing a part of the law that seeks 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,” the court added.
Carpenter’s case against New York has been ongoing for several years. After the federal court ruled against her in 2021, the U.S. Supreme Court in 303 Creative LLC v. Elenis held that the First Amendment prohibits states from using “expressive activity to compel speech.”
Following the Supreme Court’s decision, the U.S. Court of Appeals for the Second Circuit ordered the district court to reconsider the case in light of the ruling. If found to have violated the law, Carpenter could face a fine of $100,000, the revocation of her business license, and up to a year in jail.
