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, ending four years of litigation.
The agreement, reached in the U.S. District Court for the Western District of New York, involves New York's Democratic Attorney General Letitia James and Commissioner of the New York State Division of Human Rights Denise Miranda being ordered not to enforce several provisions of New York's antidiscrimination laws against Emilee Carpenter Photography.
Under the terms of the settlement, the defendants will pay $225,000 in attorney's fees from litigation that began with Carpenter's 2021 lawsuit.
Carpenter's legal action stemmed from her concern that New York law would require her to provide services for same-sex weddings, despite her religious objections.
U.S. District Judge Frank Geraci, an Obama appointee, ruled in favor of Carpenter in May. His order 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 preventing Carpenter from asking prospective clients questions to determine if they sought services for celebrating a same-sex wedding or engagement.
The order also allowed Carpenter to adopt her "desired Beliefs and Practices policy" and share it on her website, social media, and with prospective clients.
Attorneys for Carpenter, from the Alliance Defending Freedom and Dague & Martin, consented to the settlement terms on July 7, with attorneys for the defendants agreeing on July 8. The settlement took effect Tuesday with Judge Geraci's signature.
Bryan Neihart, Senior Counsel for Alliance Defending Freedom, commended the settlement. He stated, "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. 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. Elenis ruling in 2023 established that the First Amendment to the U.S. Constitution prohibits states from using "expressive activity to compel speech." Carpenter's lawsuit preceded the 303 Creative decision by two years, but this decision led the 2nd U.S. Circuit Court of Appeals to order the U.S. District Court to rehear her case after it had initially ruled against her.
