US Christian photographer wins free speech protections on marriage

A US court has protected the right of a Christian businesswoman to refuse to photograph same-sex weddings.

In a favourable settlement, the US District Court for the Western District of New York barred state officials from trying to force Emilee Carpenter to compromise her Christian beliefs on marriage. The terms of settlement also require the state to pay $225,000 in attorney’s fees.

Earlier this year, Carpenter successfully appealed a lower court decision that would have “threatened her ability to operate her business according to her faith”. Her firm creates photographs and blogs to celebrate marriage between one man and one woman as a gift from God.

‘Sacred institution’

Bryan Neihart, Senior Counsel at religious liberty group Alliance Defending Freedom, which supported the case, said: “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.”

He added: “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe.”

Carpenter states on her website: “I believe that marriage is a picture of the gospel and demonstrates the redemptive love of Jesus Christ, who willingly gave Himself up for us by going to the cross, paying the debt for our sins, and paving a way for us to be united with Him.”

She explains to prospective clients that, based on her beliefs, she cannot offer her services in celebration of “any type of marriage outside of God’s design for this sacred institution, including a same-sex or polyamorous wedding”.

303 Creative

In 2023, Christian web designer Lorie Smith won her Supreme Court case 303 Creative LLC v Elenis against Colorado’s Anti-Discrimination Act in anticipation of attempts to force her to use her artistic talents to promote same-sex marriage.

In the 6-3 majority decision, Justice Neil Gorsuch argued that Colorado sought to force Smith “to speak in ways that align with its views but defy her conscience about a matter of major significance”.

He said, “as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong”.