A New York-based Christian wedding photographer will not have to shoot same-sex weddings, a federal court judge recently ruled.
Emilee Carpenter says she’s been asked by gay couples to photograph their wedding, and she’s turned them down every time, citing her religious belief that marriage is between a man and a woman.
Despite the fact that none of the couples pushed back or legally challenged her in any way, Carpenter filed a suit in the U.S. District Court for her right to refuse to service same-sex couples on faith grounds.
It’s been a years-long battle against New York’s anti-discrimination laws, which could result in a fine of up to $100,000 for Carpenter for declining to provide her services for a same-sex wedding. But now, a judge agrees that Carpenter cannot be legally compelled to provide services that violate her religious beliefs.
The president of the Alliance Defending Freedom (ADF), which represented Carpenter, celebrated the win on social media:
If This Seems Familiar...
Carpenter joins a long list of aggrieved Christian wedding vendors who argued in court that they should legally be allowed to discriminate against same-sex couples. Bakers, invitation designers, florists, clothing store owners, bakers again… nearly every type of wedding vendor one can imagine has at some point gone to court to defend their biblical view of marriage.
The courts originally ruled against Carpenter, but an appellate court ordered the district court to hear her case again following the Supreme Court ruling in 303 Creative LLC v. Elenis.
That case is shockingly similar to Carpenter’s; It was brought by a Christian website designer out of Colorado who refused to design wedding websites for same-sex couples, citing her faith beliefs. And just like Carpenter, the case was pre-emptive. The same legal team even represented both of them.
Nevertheless, the Supreme Court sided with Smith, ruling that she could not be compelled to design a website for a same-sex wedding.
Legal Discrimination?
Citing the Supreme Court precedent set in 303 Creative, Judge Frank Geraci narrowly ruled in Carpenter’s favor, ruling that her wedding photography constituted “mediums of expression,” and that she could not be legally compelled to express thoughts in conflict with her faith.
Geraci sought to underline how narrow his ruling is, writing that “New York’s public officials remain fully empowered to police the public marketplace to ensure that ‘gay couples [are not] treated as social outcasts … inferior in dignity and worth.’”
It’s unclear where the case goes from here. The New York attorney general’s office will review Geraci’s ruling and decide how to proceed.
For now, though, Carpenter’s legal counsel – again the ADF – is taking a victory lap. “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe,” said ADF Legal Counsel Bryan Neihart.
“The U.S. Constitution protects Emilee’s freedom to express her own views as she continues to serve clients of all backgrounds and beliefs... Emilee can now enjoy the freedom to create and express herself, a freedom that protects all Americans regardless of their views.”
What do you think? Should Christian wedding vendors be able to turn down same-sex clients?
31 comments
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Rev. Carol M Anaski-Figurski
Interesting article. LGBT still has not made many advances in full acceptance. It's her business It's her choice. On the flip side specialty photographers may rise in the gap of just doing LGBT services. Let freedom ring! Blest Be Amen to all!
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Reverend Paula Copp
I’m a member of the LGBT+ community. I don’t understand why any self- respecting of my community would want to use a professional who didn’t want their business. That being said, why would a photographer sue when nobody tried to insist that she perform a service that she didn’t want to provide. It seems like she just wanted to sue for the sake of suing. It should have been tossed for lack of legal standing.
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Michael Hall
Fundamentally, a person cannot be forced to associate with whom they would rather not. Any excuse, or no excuse, is valid. If she wants to restrict her business and her social circle accordingly, that's on her.
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Matthew Mastrogiovanni
If I needed someone to perform an important service for me, I would not pick someone who hated me to do it.
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Douglas Robert Spindler
Is this another FAKE lawsuit by Christians? Remember as we learned about the Christian lawsuit in Colorado the Christian who initiated the lawsuit was NOT a wedding photographer, didn't have a business license, created her web page AFTER the lawsuit was imitated and the Gay couple that SHE claimed contacted her to take pictures of the wedding didn't even exist.
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Nicholas J Page
Did the judge follow correct procedures as lain down by the law or does the judge hateam gaYstrad. This is the 21st century we have 2 gay women living above us who have just got engaged on holiday in have offered my services to the happy couple.
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Najah P Tamargo
Najah Tamargo-USA
If someone disagrees with same sex marriages.....DO NOT HIRE THEM!!!
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Elizabeth Jane Erbe Wilcox
If someone disagrees with same sex marriages they should not get married to someone who is the same sex as themself.
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Eugene T Rice
If I refuse to accept black men as students in my college, because I think that God meant the races to be kept separate, is that Christian charity? Bob Jones University claimed this was a matter of faith. When they lost their tax exempt status, however, they rethought their theological commitment. Also important to our consideration, Is such behavior un-American? At some point, I'm sure, the Supreme Court will rule. Until then, allow the marketplace to speak. As a Christian, sould I patronize a hotel that does not rent rooms to Jews? Sould I have dinner at a steakhouse the does not serve women? One, even as dim as myself, realizes that if Christians can discriminate against gay souls, the rest of the world can discriminate against Christians..
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Rev. Marlise
If you read Romans 1 18-32 you will see we are not supposed to accept or condone what God finds as wicked or sinful.
Romans 1:18-32 New International Version God’s Wrath Against Sinful Humanity 18 The wrath of God is being revealed from heaven against all the godlessness and wickedness of people, who suppress the truth by their wickedness, 19 since what may be known about God is plain to them, because God has made it plain to them. 20 For since the creation of the world God’s invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that people are without excuse.
21 For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. 22 Although they claimed to be wise, they became fools 23 and exchanged the glory of the immortal God for images made to look like a mortal human being and birds and animals and reptiles.
24 Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. 25 They exchanged the truth about God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.
26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.
28 Furthermore, just as they did not think it worthwhile to retain the knowledge of God, so God gave them over to a depraved mind, so that they do what ought not to be done. 29 They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30 slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31 they have no understanding, no fidelity, no love, no mercy. 32 Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.
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Elizabeth Jane Erbe Wilcox
It’s always so cute when people attempt to use their religious beliefs and books to prop up their hatred, bigotry, racism, and homophobia.
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Dr. Zerpersande, NSC
“ If you read Romans 1 18-32 you will see we are not supposed to accept or condone what God finds as wicked or sinful.”
In for a nickel….
I’m sure that there is a long list of things in the bible that are prohibited but that you do. Things that likely could have gotten you killed.
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Dr. Zerpersande, NSC
Just noticed your entire post is just copying passages from the bible. If you actually typed that I’d be amazed. Nope, no typos. Copy/pasted, didn’t ya’?
That’s sloth, one of the deadly sins.
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Rev. Marlise
Good for her! I myself will not preform a same sex marriage. It is against my religious beliefs. I mean I will wish them well but I don't feel comfortable preforming a same sex marriage and not one should be forced to do anything against their religious beliefs and think that is what this whole suit is about.
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James Riggle-Johnson
Has anyone tried to force you into performing a same-sex marriage? I think she should advertise that she won’t photograph same-sex weddings and lose business based on her religious beliefs. This was a nonsense lawsuit. Nobody was trying to force her to do anything.
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Dr. Zerpersande, NSC
Ah, yet another ‘I don’t feel comfortable.’ type.
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David Cuevas
Love is Love whether between Man/Man, Woman/Woman, Man/Woman.....BUT you can't Force someone to do what you want and have a tantrum about it. Hire someone else and they'll do the Job.
The End.
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James Riggle-Johnson
Why do they keep litigating the same issue? The Supreme Court has already ruled that businesses can discriminate against LGBTQ individuals. Bakers, web designers, and now photographers are allowed to discriminate as they wish. Consequently, this means their other customers can choose not to do business with them. This leads to cries that Christians are being persecuted. It’s a never-ending cycle. If people simply respected others for who they are, this wouldn’t be necessary.
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John P Maher
BIMBO WIN FOR WHO ???
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Colleen McAllister
A business person should have the right to refuse to do business with whomever they choose. Is it right? No. But people are allowed to have their own beliefs and opinions.
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Rev. BH
Blacks Please Use Back Entrance.
Right Colleen?
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Dr. Zerpersande, NSC
So under what conditions would a doctor, say with surgical skills not found elsewhere, be able to tell a religious patient to bugger off and die?
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Paul Johnson
Where is his freedom to choose who he wants to work for find another photographyer. There is bound to be somebody else who will take their photo's. Some people like to walk in sin and some don't, thats the beautiful part about getting to pick and choose, choice. Leave them alone. Get someone in their own FAMILY to TAKE THE PHOTOS. what I have seen some of these photographer's are not always that reliable, are I may have had some bad luck but I paid for something that I never got in return. Why does this have to be news worthy. All I see; its just the enemy trying to have it his way.
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James Riggle-Johnson
The problem is that no one has complained about her not taking photos. Personally, if she wants to discriminate, that’s her business. I hope she loses business based on her religious beliefs.
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Dr. Zerpersande, NSC
Loses all her business. And can’t pay for food. And loses weight to the extent as to no longer look unattractively fat. And attracts a stalker that rapes her. And then can’t get an abortion.
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Elizabeth Jane Erbe Wilcox
How “loving” and “christian” of you to judge that “Some people like to walk in sin”. Sounds quite arrogant and pious to me. Oh, wait! By now the christian nationalists know the hearts and minds of all human beings. And here I was raised to think that was God’s job.
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So she needs to play the victim when she's not being made a victim because no one has had any issues with her turning down requests for services. Yeah, this checks out for American Christians, if you're not a victim become one.
Obviously, this brave woman just wanted a ruling so that others can't be victimised.
The Supreme Court already ruled she has the right to be a Christian bigot. She'll cry the victim again when she starts losing business because she’s gone public about her antiquated beliefs.
I sincerely hope you’re joking, because if you’re not, your argument is faulty. Nobody is “victimized” in this. The photographer was asked to perform a service. She declined. She was not attacked, she was not bullied and she had no reason to sue.
Either you don't understand law, or you didn't read the story properly.