A federal judge has blocked the state of New York from forcing a Christian photographer to work same-sex weddings, which goes against her religious beliefs.
US District Judge Frank P. Geraci Jr. of the District Court for the Western District of New York granted Emilee Carpenter, the photographer, a preliminary injunction shielding her from being compelled to violate her religious beliefs.
Carpenter owns and operates a wedding photography business in New York. Attorney General Letitia James’s office took action to compel her to service same-sex weddings, which prompted Carpenter to file the lawsuit.
The court based its ruling on the Supreme Court decision in 303 Creative LLC v. Elenis, which held that the state of Colorado couldn’t force a website designer to create content for same-sex weddings. The district court earlier had ruled against Carpenter before the Supreme Court’s ruling.
However, now the court has recognized that the higher court’s ruling took precedence. It recognized that Carpenter “believes that opposite-sex marriage is a gift from God” and that she used her services “to celebrate such marriages.” Using her work to “celebrate or promote” same-sex unions
“More broadly, the Supreme Court held that a state public accommodation law may violate a business owner’s free-speech rights under the First Amendment to the extent it ‘compel[s] an individual to create speech she does not believe,’” the district court noted.
Judge Geraci noted that New York’s public accommodation law forced Carpenter to perform services that should would not normally perform. The judge found that the photographer “demonstrated the sincerity of her opposition to same-sex marriage” and noted that the law would force her to violate her religious beliefs.