Federal Court Orders New York to Pay Christian Photographer $225,000
A federal court has approved a $225,000 settlement in a case involving a Christian photographer from New York who challenged state laws she said forced her to express messages inconsistent with her religious beliefs.
The settlement prohibits New York officials from compelling Emilee Carpenter to produce photographs that contradicts her beliefs and requires the state to pay nearly a quarter of a $1 million in attorneys’ fees.
The case, Emilee Carpenter Photography v. James, had reached the U.S. Court of Appeals for the 2nd Circuit but was sent back to the lower court following the U.S. Supreme Court’s ruling in 303 Creative v. Elenis. In that decision, the Court held that the government cannot compel individuals to create speech that violates their beliefs. Citing the ruling, the lower court found in May that New York’s laws could not be applied in a way that forces individuals to engage in speech against their conscience.
“It is now beyond debate,” the court writes, that New York’s laws “may not be ‘applied to expressive activity to compel speech.’”
The Alliance Defending Freedom (ADF), a conservative legal group that represents Carpenter, welcomed the outcome. “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,” says ADF Senior Counsel Bryan Neihart.
“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.”
The case is similar to another Christian wedding photographer, Chelsey Nelson, in the state of Kentucky, where a federal judge ruled that the state could not ban her from limiting he wedding photography business to opposite-sex couples.
Although she has never been sued or fined, Carpenter claims that New York’s laws would force her to choose between violating her religious beliefs or facing severe penalties — including fines of up to $100,000, loss of her business license, and possible jail time.
The district court formally approved the consent decree for Carpenter’s case on Tuesday.
Image credits: Header photo licensed via Depositphotos.
