NY court clears Christian photog to refuse work from gay couples

(CN) — Citing binding Supreme Court precedent, a Western New York federal judge on Thursday found that the state can’t stop a Christian photographer from refusing to work gay couples’ weddings.

Emilee Carpenter, who called it unconstitutional for the state to make her choose between a penalty of up to $100,000 or photographing same-sex weddings that go against her faith, lost her initial case in 2022. Before the Second Circuit ruled upon her appeal, the Supreme Court ruled that a Colorado-based Christian web designer couldn’t be made to work with same-sex couples, marking what dissenting Justice Sonia Sotomayor called “a sad day in American constitutional law and in the lives of LGBT people.”

The Second Circuit found New York’s human rights law isn’t unconstitutional but remanded the case to the Western District of New York in light of the high court’s ruling in 303 Creative .

Senior U.S. District Judge Frank Geraci Jr. on Thursday said the Supreme Court left him no choice but to issue a narrow injunction barring New York from applying its public accommodation laws “peculiarly to compel expressive activity” with which Carpenter disagrees.

“Beyond that ‘peculiar’ circumstance, however, plaintiff remains fully obligated to comply with New York’s public accommodation laws, and she remains subject to all remedies and penalties for their violation,” the Barack Obama-appointed judge wrote in an 18-page order.

While discussing Carpenter’s likelihood of success in her complaint, Geraci agreed that the state law required her to provide wedding photography services that she would not have otherwise offered to same-sex couples.

“This is, in fact, the fundamental, praiseworthy purpose of public accommodation laws like New York’s,” the judge wrote.

“These laws ensure that ‘individuals in historically disadvantaged or disfavored classes desiring to make use of public accommodations’ receive ‘what the old common law promised to any member of the public wanting a meal at the inn — namely, that accepting the usual terms of service, they will not be turned away merely on the proprietor’s exercise of personal preference.’”

The judge also agreed that Carpenter’s work is expressive, noting she makes creative choices surrounding photo composition, focus, lighting and editing.

Outside of his injunction, Geraci wrote, “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.’”

Carpenter is represented by the Christian legal advocacy organization Alliance Defending Freedom.

Bryan Neihart, senior counsel with the group, applauded the ruling in an emailed statement.

“The U.S. Constitution protects Emilee’s freedom to express her own views as she continues to serve clients of all backgrounds and beliefs. The district court rightly upheld this freedom and followed Supreme Court precedent,” Neihart said. “Emilee can now enjoy the freedom to create and express herself, a freedom that protects all Americans regardless of their views.”

The New York attorney general’s office said it was still reviewing the decision and did not yet have a comment.

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