Chalk up another win for Alliance Defending Freedom attorneys representing Christian business owners who draw the line at working same-sex weddings.
New York Attorney General Letitia James entered into a settlement agreement that prevents her office from bringing anti-discrimination charges against wedding photographer Emilee Carpenter and provides $225,000 in attorneys’ fees.
The consent decree filed Tuesday came after a federal judge ruled in May that Ms. Carpenter was likely to prevail in her 2021 free-speech lawsuit challenging New York laws barring discrimination based on sexual orientation and gender identity.
“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,” said ADF senior counsel Bryan Neihart in a statement.
Ms. Carpenter’s legal prospects weren’t always so rosy. In December 2021, U.S. District Judge Frank Geraci dismissed her pre-enforcement challenge, ruling that the state has a “compelling interest” to ensure that people have equal access to public goods and services regardless of sexual orientation.
She took her case to the 2nd Circuit Court of Appeals, but before the court could rule, the Supreme Court decided in favor of 303 Creative owner Lorie Smith, saying in its 2023 majority opinion that the state couldn’t compel individuals to express messages through created content with which they disagree.
ADF attorneys represented Ms. Smith, a Christian website designer in Colorado, as well as Masterpiece Cakeshop owner Jack Phillips, whose 2018 victory at the Supreme Court laid the groundwork for the 303 Creative decision.
As a result, the appeals court sent Ms. Carpenter’s case back to the lower court, where Judge Geraci found that “it is now beyond debate that a state’s public accommodations law may not be ‘applied to expressive activity to compel speech.’”
“As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe,” Mr. Neihart said. “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 consent decree prevents the New York attorney general and New York state commissioner of human rights from enforcing laws against Ms. Carpenter that would require her to offer same-sex couples the same wedding and engagement services available to opposite-sex couples.
Ms. Carpenter will also be allowed to state her policies and beliefs on weddings on her website and social media accounts without fear of prosecution.
The consent decree applies only to Ms. Carpenter and her business and expires whenever she stops offering “paid wedding photography services to the general public.”
Even so, the federal court’s rationale would be expected to cover other New York photographers who seek the same protection.
Previously, Ms. Carpenter said she received queries from same-sex couples about wedding photography, according to the lawsuit, but declined to respond for fear of running afoul of state law.
The photographer based in Elmira, in the southern part of New York state, had reason to be concerned. Violations of the state Human Rights Law carry penalties of up to $100,000 in fines and a year in jail, as well as the loss of business license.
“It’s $100,000 fines, it’s jail time. It’s ultimately the closure of my business, and as an entrepreneur, that’s extremely terrifying,” Ms. Carpenter said in a video posted on the ADF website.
Ms. Carpenter was also represented by local counsel Raymond Dague of Dague Law.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.