(LifeSiteNews) — A Christian photographer cannot be forced to take pictures at a homosexual “wedding” or otherwise promote behavior at odds with her faith, a federal court affirmed on Wednesday.
Western District of Kentucky Judge Benjamin Beaton affirmed past rulings that found the city of Louisville, Kentucky, could not force Chelsey Nelson to violate her religious beliefs. The case has been in litigation since 2019.
The court previously ruled in favor of Nelson in 2022. While Louisville appealed the case, the Supreme Court ruled in favor of a Christian website designer in a similar case, 303 Creative LLC v. Elenis, in 2023. The Colorado web designer did not want to create “wedding” websites for homosexual “couples.”
The ruling further validates the Western District of Kentucky ruling.
Louisville has a so-called “Fairness Ordinance” in place that “bars the denial of goods and services to members of protected classes,” Judge Beaton wrote in his decision, quoting city documents. A related “Publication Provision” “bars Nelson from writing and publishing any indication or explanation that she wouldn’t photograph same-sex weddings, or that otherwise causes someone to feel unwelcome or undesirable based on his or her sexual orientation or gender identity.”
The city tried a number of tactics to get Nelson’s case thrown out, among them arguing that she no longer lives in Kentucky. She moved to Florida due to her husband’s new job.
Judge Beaton rejected that argument from the city:
But Nelson’s move leaves the parties not far at all from where they were before. Now, as then, Nelson photographs weddings in Kentucky. Now, as then, Louisville contends she should not be able to photograph only opposite-sex weddings and may not explain that her decision to the public. And now, as then, Louisville maintains that the First Amendment allows it to enforce its law and continues to litigate vigorously against Nelson’s website and photography. By itself, where Nelson lives makes no difference. So long as she continues to do business here, the facts and reasoning that justified a pre-enforcement injunction before the appeal still obtain today.
The city also reversed its decision and now claims it has no intention to enforce the law against Nelson, an argument the judge rejected.
Alliance Defending Freedom, which represented Nelson, celebrated the ruling.
“Free speech is for everyone. As the U.S. Supreme Court held two years ago in 303 Creative v. Elenis, Americans have the freedom to express and create messages that align with their beliefs without fear of government punishment,” ADF Senior Counsel Bryan Neihart stated in the news release. “For over five years, Louisville officials said they could force Chelsey to promote views about marriage that violated her religious beliefs. But the First Amendment leaves decisions about what to say with the people, not the government.”
Nelson also celebrated the decision, affirming “[t]he government can’t force Americans to say things they don’t believe, and state officials have paid and will continue to pay a price when they violate this foundational freedom.”
“The freedom to speak without fear of censorship is a God-given constitutionally guaranteed right,” she said.
Wednesday’s ruling is the latest to affirm the rights of web designers, photographers, and other artists to decline to participate in homosexual “weddings.”
In November 2023, Virginia settled a lawsuit with a similarly situated Christian photographer. The settlement occurred following the 303 decision at the behest of Republican Attorney General Jason Miyares.
“As part of the settlement, Virginia officials agreed that Bob Updegrove is free to create wedding photography consistent with his beliefs, as protected by the First Amendment,” ADF, which also represented Updegrove, announced at the time.
Miyares signed off on the settlement. The agreement stipulates the commonwealth will not “Force Plaintiffs to offer or provide photography celebrating same-sex weddings,” “Prevent Plaintiffs from asking prospective clients whether they seek photography services celebrating same-sex weddings or engagements,” “Prevent Plaintiffs from adopting or distributing their desired editorial policy,” nor prevent him from stating his reasons why he will not photograph homosexual “weddings,” as previously reported by LifeSiteNews.
ADF notched another victory this summer for a New York photographer named Emilee Carpenter.
“Under the settlement terms, the court issued an order forbidding New York officials from violating Emilee Carpenter’s First Amendment rights to free speech, and requiring New York to pay $225,000 in attorneys’ fees,” the religious liberty legal group announced.