New York Settles with Christian Photographer in Free Speech Victory

by Worthy News Washington D.C. Bureau Staff

(Worthy News) – New York State has agreed to settle a years-long legal battle with Emilee Carpenter, a Christian wedding photographer, by paying $225,000 in legal fees and pledging not to enforce laws that would compel her to photograph same-sex weddings against her religious convictions. The settlement, finalized Tuesday, ends four years of litigation and marks a major victory for free speech and religious liberty.

The consent decree between Attorney General Letitia James and Carpenter’s legal team at Alliance Defending Freedom (ADF) comes two months after U.S. District Judge Frank Geraci issued a ruling that New York’s public accommodations law could not be used to compel expressive activity, such as photography, in violation of the First Amendment. Judge Geraci, an Obama appointee, had previously issued a narrow preliminary injunction protecting Carpenter from enforcement actions under the law.

Carpenter filed suit in 2021, arguing that New York’s Human Rights Law would force her to create artistic works that contradict her Christian beliefs on marriage. The case was bolstered by the U.S. Supreme Court’s 2023 ruling in 303 Creative LLC v. Elenis, which held that states cannot compel speech from creative professionals. That decision prompted the 2nd U.S. Circuit Court of Appeals to return Carpenter’s case to district court for reconsideration.

Under the terms of the settlement, state officials agreed not to use New York’s accommodations, discrimination, or publication clauses to force Carpenter to offer the same photography packages for same-sex weddings that she offers to heterosexual couples. The agreement also affirms Carpenter’s right to ask prospective clients questions to determine the nature of their requests, adopt and publicize a policy expressing her beliefs, and communicate those beliefs online or in person.

ADF Senior Counsel Bryan Neihart celebrated the outcome, stating, “Free speech is for everyone, and we’re pleased to settle this case so that Emilee can speak her views on marriage without being punished by New York. As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe.”

Although Carpenter never faced penalties under the law, her lawsuit reflects a growing trend among Christian business owners facing legal challenges for refusing to participate in same-sex weddings. Other notable cases include Aaron and Melissa Klein, bakers in Oregon fined $135,000, and Washington florist Barronelle Stutzman, who paid $5,000 to settle similar litigation.

With the court’s final signature on July 9, the case is officially closed, and Carpenter is now free to run her photography business in accordance with her faith–marking what many see as a precedent-setting moment for religious freedom in New York and beyond.

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