An Appeals Court Ruled That a Christian Photographer Can Continue Free-Speech Lawsuit Against New York

The U.S. Court of Appeals for the Second Circuit last Friday ruled that a Christian photographer can move forward with a free speech claim in her lawsuit against the state of New York over so-called anti-discrimination laws that would penalize her if she declined to provide services for same-sex “weddings.”

Emilee Carpenter said she loves photographing weddings but doesn’t want to use her artistic talents to photograph same-sex “weddings.” She believes that marriage is the union between one man and one woman. But the state’s “anti-discrimination” laws bar business owners from “discriminating” on the basis of sexual orientation to the point of compelling individuals to speak a message they oppose or face penalties and loss of livelihood.

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

In addition to the free speech claim, Carpenter also said the anti-discrimination laws violate her religious freedom and right to free association. The laws also are overbroad or vague. The U.S. District Court for the Western District of New York dismissed all of these claims. Carpenter appealed to the Second Circuit.

The Second Circuit upheld her free speech claim but dismissed all the rest. The court remanded her case back to the lower court.

Alliance Defending Freedom (ADF), Carpenter’s legal counsel, cited 303 Creative v. Elenis (2023) in a supplemental brief filed in the Second Circuit to support their client’s case.

In 303 Creative, the Supreme Court ruled that requiring a Christian photographer to speak a message she opposes violated her freedom of speech. Web designer Lorie Smith filed a pre-enforcement lawsuit against Colorado over a similar anti-discrimination law that would have forced her to provide services for same-sex “weddings” if she did the same for actual weddings — or shut down.

The Second Circuit contended that the “specific facts alleged in Carpenter’s complaint are substantially similar to the relevant facts stipulated to by the parties in 303 Creative.” (Emphasis added.)

The lower court that dismissed Carpenter’s claims will have to re-hear the case in light of 303 Creative on the free speech issue.

“As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe,” said Bryan Neihart, an ADF lawyer. “The U.S. Constitution protects Emilee’s freedom to express her own views as she continues to serve clients of all backgrounds and beliefs. We urge the district court to uphold this freedom and follow Supreme Court precedent so that Emilee can speak and create consistent with her convictions. That freedom protects Emilee and all Americans regardless of their views.”