US District Court Rules Photographer Can Refuse to Work Same-Sex Weddings
A federal judge has issued a preliminary injunction in favor of a Christian wedding photographer temporarily blocking New York State from enforcing anti-discrimination laws that she argues violate her First Amendment rights.
The May 22 ruling by U.S. District Judge Frank Geraci of the Western District of New York prevents state officials from compelling Emilee Carpenter from Elmira to provide photography services for same-sex weddings while her case continues through the legal system.
“From start to finish, Plaintiff provides a customized, tailored photography service that is guided by her own artistic and moral judgment,” Geraci writes in the opinion. The judge found that Carpenter’s work constitutes “expressive activity protected by the First Amendment.”
Carpenter, represented by the conservative legal group Alliance Defending Freedom (ADF), filed suit against the state’s public accommodation laws, which prohibit discrimination based on sexual orientation and gender identity. Although she has not been sued or fined, Carpenter claims the law would force her to choose between violating her religious beliefs or facing severe penalties — including fines up to $100,000, loss of her business license, and possible jail time.
“Free speech is for everyone, and more courts are ruling consistent with that message. The U.S. Constitution protects Emilee’s freedom to express her own views as she continues to serve clients of all backgrounds and beliefs,” says ADF Legal Counsel Bryan Neihart.
Judge Geraci’s ruling prevents the state from enforcing specific provisions of its anti-discrimination laws against Carpenter for now. These include requirements to provide identical services to same-sex and opposite-sex couples, and restrictions on how Carpenter may screen potential clients based on their wedding plans.
The case was initially dismissed by the district court in 2021, but revived following the U.S. Supreme Court’s 2023 decision in 303 Creative LLC v. Elenis. That case involved a Colorado web designer who objected to creating wedding websites for same-sex couples on religious grounds. The high court ruled that the government could not compel artists to produce speech that violates their beliefs.
In light of that precedent, the Second Circuit Court of Appeals in July 2024 directed the lower court to reexamine Carpenter’s case. The recent decision aligns with the reasoning in 303 Creative, reinforcing the distinction between general public accommodation obligations and compelled artistic expression.
“Emilee can now enjoy the freedom to create and express herself, a freedom that protects all Americans regardless of their views,” adds Neihart.
While the ruling is limited in scope and applies only to Carpenter’s case, legal experts say it could signal broader implications for how courts navigate conflicts between anti-discrimination protections and religious liberty claims, particularly in creative industries. LGBTQ+ advocacy groups have voiced concern that such rulings could open the door to increased service refusals under the guise of artistic expression.
The lawsuit remains ongoing, and a final decision has yet to be issued.
Image credits: Header photo licensed via Depositphotos.
