Virginia won’t force a Christian Leesburg photographer to accept assignments to shoot same-sex ceremonies, according to the terms of a settlement announced this week.
The wedding photographer, Bob Updegrove, filed suit against the commonwealth over 2020 amendments to the Virginia Human Rights Act that mandated nondiscrimination based on “sexual orientation” or “gender identity.”
Attorney General Jason Miyares, a conservative Republican who took office last year alongside fellow Republican Gov. Glenn Youngkin, said a recent decision by the Supreme Court took precedence over the existing state rules, which were put into place under former Attorney General Mark Herring, a Democrat.
“The Supreme Court made clear in 303 Creative that the government cannot compel people like Mr. Updegrove to speak contrary to their conscience,” Mr. Miyares said in a statement to The Washington Times. “As Attorney General, my highest duty is to the federal Constitution. I am pleased that with the settlement, the law is upheld at no cost to the taxpayers and Mr. Updegrove’s First Amendment rights are preserved.”
The June 2023 Supreme Court ruling in the 303 Creative case — which protects the conscience rights of those in creative businesses — was cited by Mr. Miyares and lawyers for the photographer as propelling the settlement.
Attorneys at Alliance Defending Freedom who represented Mr. Updegrove sued because the photographer believed the 2020 changes could potentially subject him to fines of $50,000 and then $100,000 for each additional violation and court orders forcing “him to photograph events against his conscience,” a statement said.
Under the settlement terms, the photographer is free to decline same-sex wedding or engagement assignments and can adopt and distribute a “desired editorial policy” for his business.
Mr. Updegrove is also free to post an editorial statement on his policies on his firm’s website.
The Virginia case appears to mirror the situation Denver website creator Lorie Smith, who owns 303 Creative, faced when she sued Colorado over a similar statute. The 6-3 Supreme Court majority held Ms. Smith could not be compelled to create websites for weddings that violated her conscience.
ADF legal counsel Johannes Widmalm-Delphonse said in a statement, “This victory for Bob underscores how the 303 Creative decision will protect countless Americans from government censorship and coercion. The U.S. Constitution protects his freedom to express his views as he continues to serve clients of all backgrounds and beliefs.”
Asked if a future attorney general in Virginia could change course and go after a business such as Mr. Updegrove’s, Mr. Widmalm-Dephonse said via email that such an attempt would be “unconstitutional,” and that this week’s settlement “proves” government cannot make a business say “something they disagree with.”
• Mark A. Kellner can be reached at mkellner@washingtontimes.com.