New York to pay Christian photographer $225k over same-sex wedding ceremony dispute

[LAUREN KEENAN]

LETITIA JAMES, THE ATTORNEY GENERAL OF NEW YORK, AGREED TO A SETTLEMENT WITH A CHRISTIAN WEDDING PHOTOGRAPHER OVER SAME-SEX WEDDINGS, ENDING FOUR YEARS OF LITIGATION. THE CONSENT DECREE WAS SIGNED AND APPROVED BY THE DISTRICT COURT ON TUESDAY, JULY 22.

IN 2021, PHOTOGRAPHER EMILEE CARPENTER CHALLENGED NEW YORK’S ANTI-DISCRIMINATION LAWS, CLAIMING THEY VIOLATED HER 1ST AND 14TH AMENDMENT RIGHTS BY FORCING HER TO PHOTOGRAPH SAME-SEX WEDDINGS AGAINST HER RELIGIOUS BELIEFS. SHE ARGUED THAT THE LAW VIOLATED HER RELIGIOUS BELIEFS BY FORCING HER TO PARTICIPATE IN CEREMONIES SHE OBJECTS TO ON RELIGIOUS GROUNDS.

NEW YORK’S LAW FORBIDDING DISCRIMINATION OF SERVICES BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY WOULD HAVE ALLOWED THE STATE TO FINE CARPENTER FOR REFUSING SERVICES BASED ON THOSE FACTORS. NEW YORK’S DIVISION OF HUMAN RIGHTS AWARDED $8 MILLION TO INDIVIDUALS IN FISCAL YEAR 2024 WHO WERE DISCRIMINATED AGAINST BASED ON THE STATE LAW.

JAMES’ OFFICE AGREED NOT TO BRING ANY ANTI-DISCRIMINATION CHARGES AGAINST CARPENTER IN THE FUTURE, PERTAINING TO THIS ISSUE. CARPENTER WILL RECEIVE $225,000 IN ATTORNEYS’ FEES.

ALLIANCE DEFENDING FREEDOM ATTORNEYS, WHO REPRESENTED CARPENTER IN THE CASE, ANNOUNCED THE SETTLEMENT. “FREE SPEECH IS FOR EVERYONE, AND WE’RE PLEASED TO SETTLE THIS CASE SO THAT EMILEE CAN SPEAK HER VIEWS ON MARRIAGE WITHOUT THE THREAT OF BEING PUNISHED BY NEW YORK,” ADF SENIOR COUNSEL BRYAN NEIHART SAID IN A STATEMENT.

“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.

303 CREATIVE IS A GRAPHIC DESIGN BUSINESS IN COLORADO THAT WAS AT THE CENTER OF A MAJOR U.S. SUPREME COURT CASE ON WHETHER FREE SPEECH PROTECTIONS ALLOW BUSINESS OWNERS TO REFUSE SERVICES FOR SAME-SEX WEDDINGS BASED ON RELIGIOUS OBJECTIONS.

THE SUPREME COURT RULED THAT THE GOVERNMENT CANNOT FORCE SOMEONE TO EXPRESS A MESSAGE THROUGH SPEECH, ART OR CREATIVE WORK THAT GOES AGAINST THEIR PERSONAL BELIEFS, EVEN IF THE GOVERNMENT SUPPORTS THAT MESSAGE.

CARPENTER REVIVED HER CASE IN LIGHT OF THE 303 CREATIVE RULING AFTER HER COMPLAINT WAS DISMISSED IN 2021.

IN THAT CASE, THE JUDGE DIDN’T ALIGN THE ACT OF PROVIDING PHOTOGRAPHY WITH PARTICIPATING IN AN ACT THAT WOULD RUN AFOUL OF CARPENTER’S RELIGION.

“THE RELIGIOUS ACTIVITIES OCCURRING AT A WEDDING, WHETHER FOR A SAME-SEX COUPLE OR AN OPPOSITE-SEX COUPLE, ARE DIRECTED AT THE COUPLE, THE FRIENDS, THE FAMILY, AND ANY OTHER INVITEES IN ATTENDANCE,” JUDGE FRANK GERACI SAID IN 2021. “THEY ARE NOT DIRECTED AT THE CATERER, THE FLORIST, OR THE PHOTOGRAPHER.”