Photographer's Religious Freedom Case Advances With Alliance Defending Freedom Support

The U.S. Court of Appeals for the 2nd Circuit has ruled that the case of New York photographer and blogger Emilee Carpenter, represented by Alliance Defending Freedom (ADF), may proceed. This decision marks an important step in Alliance Defending Freedom's ongoing efforts to protect First Amendment rights for creative professionals.

What is Alliance Defending Freedom?
ADF is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance is a specialized branch of the organization that concentrates on offering legal assistance and guidance to religious institutions and ministries. This division's main objective is to safeguard the basic rights of faith-based groups, working to ensure they can freely practice and express their beliefs without facing unwarranted interference or obstacles from outside entities.

The case, Emilee Carpenter Photography v James, involves Emilee Carpenter, a wedding photographer in New York who wishes to refuse service for same-sex weddings based on her religious beliefs about marriage. Carpenter brought a pre-enforcement challenge against New York's public accommodations laws, arguing that applying these anti-discrimination laws to her photography business would violate her First Amendment rights.

The district court initially dismissed all of Carpenter's claims. However, following the Supreme Court's 2023 decision in the case 303 Creative v. Elenis, also represented by Alliance Defending Freedom, the Second Circuit partially reversed the dismissal.

Alliance Defending Freedom attorneys contended that, like in 303 Creative, New York's laws violate the First Amendment by “compelling Emilee to create original content celebrating a view of marriage she does not believe.” They argued the laws violate her rights of free association, free exercise of religion, and other constitutional protections.

The 2nd Circuit recognized the similarities between Carpenter's case and 303 Creative, noting that Carpenter's photography services “plausibly qualify as expressive activity” under the Supreme Court's recent holding.

The stakes in this case are high. As the Alliance Defending Freedom supplemental brief points out, “Just like Smith, Emilee also faces a credible threat that New York will enforce its laws against her. Both Colorado and New York actively enforce their laws, allow any aggrieved party to file a complaint, and refuse to disavow enforcement.” It adds that “New York's penalties are even more severe than Colorado's, with potential jail time and crippling, six-figure fines available.”

Alliance Defending Freedom attorneys argue the 303 Creative decision provides a clear framework for resolving Carpenter's case: “Under 303 Creative, New York's laws violate the First Amendment (just like Colorado's public-accommodations law did as to the plaintiff in 303 Creative) by (a) compelling Emilee to create original content celebrating a view of marriage she does not believe and (b) banning her from explaining that choice.”

In a statement on Alliance Defending Freedom Media, ADF Legal Counsel Bryan Neihart said, “Free speech is for everyone. 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. We urge the district court to uphold this freedom and follow Supreme Court precedent so that Emilee can speak and create consistent with her convictions. That freedom protects Emilee and all Americans regardless of their views.”

This ruling is a crucial step towards ensuring that all Americans, regardless of their beliefs, can speak and create freely without fear of government coercion.

As the Alliance Defending Freedom brief states, “The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.”