NY judge dismisses suit from Christian photographer who refused work with same-sex couples
A Christian woman filed a New York lawsuit arguing the state law is pushing her to choose between honoring her religion or losing her business if she refuses to photograph same sex couples.
Professional photographer Emilee Carpenter field a lawsuit filed in April, claiming New York's nondiscrimination laws forced her to create work "against her beliefs" or face numerous fines. Carpenter sued the state for violating her First and 14th Amendment rights after being asked to photograph same-sex couples.
"Just as the government cannot compel a lesbian baker to create a cake condemning same-sex marriage or an atheist playwright to wax positively about God, New York cannot force Emilee to convey messages she objects to,” the lawsuit said.
U.S. District Judge Frank P. Geraci Jr. of Western New York dismissed Carpenter's suit on Monday, stating the nondiscrimination laws "simply seek to guarantee that businesses purporting to serve the public truly do serve the public."
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"The crux of Plaintiff’s claims is that her photography is the product of her unique artistic style and vision. Thus, an exemption for Plaintiff’s unique, non-fungible services would necessarily undermine, not serve, the State’s purpose, as it would 'relegate [same-sex couples] to an inferior market' than that enjoyed by the public at large," Geraci ruled.
The Alliance Defending Freedom, a nonprofit religious organization that defended Carpenter and, in a separate suit, Colorado photographer Lorie Smith, condemned Geraci's ruling.
"Emilee and Lorie happily serve all people; they just cannot promote messages which contradict their religious beliefs, including their views on marriage. We earnestly hope the Supreme Court will hear Lorie’s case and protect the constitutional freedoms for all Americans, including creative professionals like Lorie and Emilee," Alliance Defending Freedom said in a statement.
LGBTQ+ community leaders and supporters praised the decision, calling it an "encouraging reminder."
"Decisions like these are an encouraging reminder of the power of affirming legislation in making New York a more welcoming home for LGBTQ+ people," Glennda Testone, executive director, The Lesbian, Gay, Bisexual & Transgender Community Center said in a statement.
Follow Gabriela Miranda on Twitter: @itsgabbymiranda