High court’s ‘gay wedding website’ decision brings hope to photographer, baker, other creatives

Friday’s Supreme Court ruling affirming free speech and free exercise protections for Christians who are creative professionals is just what wedding photographer Emilee Carpenter of Elmira, New York, was hoping for.

Both Ms. Carpenter and her attorneys at Alliance Defending Freedom, the public-interest law firm that won the high court’s decision in 303 Creative v. Elenis, believe the ruling applies to her case as well. Ms. Carpenter is challenging New York’s “public accommodation” laws that she and her attorneys say threaten fines and jail time for Christian photographers who won’t photograph gay weddings.

In Friday’s ruling, the justices said Colorado could not force a Christian website designer to provide a service she felt would violate her religious beliefs.

Writing for the majority, Justice Neil M. Gorsuch said Colorado’s law would “compel an individual to create speech she does not believe.” 

He said, “The First Amendment tolerates none of that.”

Kristen Waggoner, ADF president and the attorney who argued the 303 Creative case before the justices, said at a news conference Friday, “This affects every state that has a law like this and every state that would have rogue government officials that are trying to misinterpret their laws and force people to say things that they don’t believe.”

New York Attorney General Letitia James, the target of Ms. Carpenter’s lawsuit, did not respond to a request for comment. But in a statement after the Supreme Court decision was announced, she remained defiant.

“This disappointing decision to allow some businesses to ignore laws protecting LGBTQ+ couples from discrimination will have chilling effects,” the state official said. ”I will always stand up and fight for the rights of all New Yorkers, because in our state we know that love is love.”  

Ms. Carpenter said her faith won’t allow her to photograph same-sex weddings but that New York law makes no exception for her conscience rights.

“This is my artwork. This is my creative expression,” she said. “This is how I’m using my speech and expressing myself. Obviously much of that stems from my faith. That’s the lens through which I view my work. That’s what inspires me, honestly. My faith, my own marriage, my personal experiences, I’m bringing that into my artwork, and these are my own creative expressions.”

Ms. Carpenter said that while she serves “all people,” there are “certain messages” she won’t use her photographic talents to create.

“I would not want to condone racism, I would not want to endorse violence,” she said. “There’s many, many messages, and I’m viewing those messages through the lens of my faith as I’m taking on projects.”

Ms. Waggoner, the ADF attorney, said the group will file a “supplemental briefing” to the court hearing Ms. Carpenter’s appeal as well as in other similar cases.

The decision has had an impact beyond ADF’s clients as well. 

After its ruling Friday, the Supreme Court remanded the cases of Oregon bakers Melissa and Aaron Klein to lower courts in light of the 303 Creative decision. The Kleins, who declined to use their artistic talents to create a cake for a same-sex wedding, have been slapped with a $135,000 fine by Oregon officials, which their attorneys at First Liberty Institute said forced them out of business.

“The 303 Creative case protects the free speech of creative professionals like Aaron and Melissa Klein who create custom-designed products for their customers,” First Liberty senior counsel Stephanie N. Taub said via email. “Americans have a right to not be forced by state agencies to send messages that they disagree with.”

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