Two Christian Photographers Ask Courts to Protect Their Free Speech Rights

The U.S. Supreme Court last month ruled 6-3 in 303 Creative v. Elenis that a public-accommodation law to compel an artist to speak or stay silent violated the Free Speech Clause of the First Amendment.

As a Christian, web designer Lorie Smith believes what the Bible teaches about marriage and homosexuality — that marriage is the God-ordained union between one man and one woman, and homosexuality is a sin. Smith wanted to expand her business to weddings, but she’d also have to provide services for same-sex “weddings.”

This decision has given Christian photographers Chelsey Nelson and Emilee Carpenter hope that courts will protect their rights and those of all Christian business owners. They also believe what the Bible teaches about marriage and sexuality and don’t want to provide services in a way that will conflict with their faith.

Alliance Defending Freedom (ADF), which represents Lorie Smith, represents Nelson and Carpenter as well. ADF recently filed briefs in both cases.

Nelson, who is also a blogger, sued to stop enforcement of a Kentucky “non-discrimination” law that would force her to provide services for same-sex “weddings.” Nelson won her case in federal court in 2022 and asked the U.S. Court of Appeals for the Sixth Circuit to affirm the decision.

Carpenter sued the state of New York to stop enforcement of a similar law. She lost her case in 2022 but appealed to the U.S. Court of Appeals for the Second Circuit.

“Right now, I’m facing pretty severe threats from New York state, which are really scary,” Carpenter said.”

From ADF:

ADF attorneys explain in the supplemental brief that the Supreme Court’s decision in 303 Creative “leaves no doubt that Emilee Carpenter pled plausible free-speech and expressive-association claims. In fact, the decision proves that Emilee deserves injunctive relief for her free-speech claim now.”

Photo credit: Alliance Defending Freedom