US court: Christian photographer cannot be forced to promote same-sex weddings

A Christian photographer cannot be compelled to promote same-sex weddings under city law, a US district court has ruled.

Chelsey Nelson, a wedding photographer and blogger based in Louisville, Kentucky, took legal action against Louisville-Jefferson County Metro Government for its law requiring her to promote same-sex weddings if she photographs, edits and blogs on weddings between one man and one woman.

The court ruled that the Government’s “Fairness Ordinance” cannot compel Nelson to promote same-sex weddings, express messages which are “inconsistent” with her beliefs, or prevent her from publicly explaining her stance.

Orwellian

Nelson upholds the belief that “God designed marriage as a gift to people of all faiths, races, and backgrounds” and “ordained marriage to be a covenant between one man and one woman”.

District Judge Benjamin Beaton stated that the “Constitution does not permit governments to promote their perceptions of fairness by extinguishing or conditioning the free expression of opposing perceptions of the common good”.

He commented: “The Supreme Court, like Orwell, has long recognized the risk that compelled speech may ‘turn the writer, and every other kind of artist as well, into a minor official, working on themes handed down from above'”.

Bryan Neihart, Legal Counsel for religious liberty group Alliance Defending Freedom, which brought the case, said: “Free speech is for everyone. No one should be forced to say something they don’t believe.”

the Constitution does not permit governments to promote their perceptions of fairness by extinguishing or conditioning the free expression of opposing perceptions of the common good.

Conscience

In 2020, Christian wedding photographer Chris Herring launched legal action against a Virginia law which would force him to promote same-sex weddings.

Under the Virginia Values Act, Herring would be forced to photograph and blog about same-sex weddings because he did so for marriages between a man and a woman.

If he refuses to promote same-sex weddings, he could be initially fined up to $50,000 and ordered to create photographs and blogs against his conscience, in order to remain in business.