New York court shields Christian photographer from ‘equal access’ sexual orientation law

Washington, D.C. Newsroom, May 23, 2025 / 15:51 pm (CNA).

A federal court in New York has ordered the state to halt its enforcement of a law against a Christian photographer and blogger that would force her to express ideas on human sexuality that conflict with her religious faith.

U.S. District Judge Frank Geraci wrote in his Thursday decision that a New York law guaranteeing “equal access to publicly available goods and services” in the marketplace regardless of a person’s sexuality cannot be used to force a business to provide services that convey ideas about human sexuality with which the provider disagrees.

Emilee Carpenter, who operates Emilee Carpenter Photography, sued the state over the law, arguing that it would force her to produce photographs and blogs for same-sex civil weddings and polyamorous engagements despite her religious belief that marriage is between one man and one woman.

Violations of the law could land Carpenter up to one year in jail, with fines of up to $100,000, and a revocation of her business license. 

The judge wrote in his decision that Carpenter provides “a customized, tailored photography service that is guided by her own artistic and moral judgment.” He added that her services “are expressive activity protected by the First Amendment.”

Geraci stated in his ruling that Carpenter “believes that opposite-sex marriage is a gift from God, and she uses her wedding photography business to celebrate such marriages.” He emphasized that the law seeks to compel “an expressive activity” and that “such expressive activity is ‘her own.’”

His ruling is narrow and only prevents the state from enforcing the law against Carpenter for now while the litigation against the law continues.

The May 22 ruling is a reversal of Geraci’s own previous ruling from Dec. 31, 2021, on the same question. He explained in the new ruling that he is reversing his own decision based on the precedent set by the U.S. Supreme Court in 303 Creative LLC v. Elenis, which addressed identical concerns about a Colorado law.

In that 2023 ruling, the Supreme Court decided 6-3 that Colorado could not force a web designer to create websites that promote same-sex marriage, which was in conflict with her religious beliefs.

Geraci wrote that, contrary to his previous ruling, the Supreme Court “held that the free speech clause of the First Amendment bars states from applying their public accommodations laws to ‘expressive activity to compel speech.’”

Bryan Neihart, who works as senior legal counsel for the Alliance Defending Freedom (ADF), praised the decision. ADF and Raymond Dague of Dague Law represent Carpenter in her lawsuit. ADF also represented 303 Creative in the precedent-setting Supreme Court case.

“Free speech is for everyone, and more courts are ruling consistent with that message,” Neihart said in a statement. “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe.”

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

New York Attorney General Letitia James’ office is representing the state in court. Her office did not respond to a request for comment.

Source: https://www.catholicnewsagency.com/news/264321/new-york-court-shields-christian-photographer-from-equal-access-sexual-orientation-law