She needs to receive justice.
A federal appeals court has revived a lawsuit from a Christian photographer challenging a New York law that requires her to provide services for same-sex weddings. The 2nd U.S. Circuit Court of Appeals ruled that Emilee Carpenter’s lawsuit against New York’s public accommodations law can proceed. The court’s decision allows Carpenter to continue arguing that the law infringes on her free speech rights.
Judge Alison Nathan, who wrote the opinion for the panel, emphasized that the lower court must reconsider Carpenter’s claims in light of the Supreme Court’s 2023 ruling in 303 Creative LLC v. Elenis. That ruling found that Colorado could not compel a Christian website designer to create wedding websites celebrating same-sex marriages. Nathan suggested that Carpenter’s case should be evaluated to determine whether the law forces her to engage in expressive conduct that violates her beliefs.
The appeals court did not grant Carpenter’s request for a preliminary injunction to block the law’s enforcement but sent the case back to the district court for further consideration of her request for such relief. The court ruled that a detailed factual record is needed to properly assess Carpenter’s claims.
The Alliance Defending Freedom, which is assisting Carpenter and also argued in the 303 Creative case, praised the appeals court decision. They urged the district court to protect Carpenter’s freedom of expression and follow Supreme Court precedents to ensure she can operate in accordance with her convictions.
Previously, in December 2021, a lower court had sided with New York, ruling that the state’s law serves a compelling interest in ensuring equal access to services, and that Carpenter’s objections did not outweigh this interest. The court found the law to be neutrally applied, without evidence of religious bias in its enactment.