The judge halted the state’s push.
A federal judge has halted New York from enforcing certain laws that could compel a Christian photographer to work at same-sex weddings, despite her religious convictions that marriage should be between one man and one woman.
In a ruling issued Thursday, Judge Frank Geraci of the U.S. District Court for the Western District of New York sided with photographer Emilee Carpenter, who has challenged the state’s nondiscrimination laws. Carpenter argues these laws would force her to violate her deeply held religious beliefs in order to continue operating her photography business within the state.
Geraci noted that Carpenter provides a highly customized service shaped by her personal artistic and moral judgment. She contended that New York’s public accommodation laws, which prohibit discrimination based on sexual orientation and gender identity, infringed upon her rights to free speech, free association, and the free exercise of religion.
As a practicing Christian, Carpenter expressed concern that the law could obligate her to photograph same-sex ceremonies, which conflicts with her beliefs about marriage.
In his decision, Geraci agreed that Carpenter’s wedding photography is a form of artistic expression protected under the First Amendment. Granting a preliminary injunction, he barred New York from enforcing certain aspects of its nondiscrimination laws against her while the case proceeds.
Specifically, the ruling prevents the state from requiring Carpenter to provide the same wedding-related services to same-sex couples that she offers to heterosexual couples. It also stops enforcement of laws that would prohibit her from asking potential clients whether their event involves a same-sex ceremony.
Carpenter’s legal dispute with New York has spanned several years. After a previous ruling went against her in 2021, the Supreme Court’s decision in 303 Creative LLC v. Elenis—which established that states cannot compel individuals to engage in expressive speech—prompted the appellate court to send her case back for reconsideration in light of the new precedent.
The Alliance Defending Freedom (ADF), a legal advocacy group representing Carpenter, welcomed the latest decision.
“Free speech protections apply to everyone,” said Bryan Neihart, senior counsel at ADF. “This ruling affirms Emilee’s right to create art consistent with her beliefs, while continuing to serve people from all backgrounds. The court correctly recognized that the Constitution protects her freedom to express herself.”
Carpenter had faced the threat of steep penalties—including a $100,000 fine, possible revocation of her business license, and even jail time—if found in violation of the state’s nondiscrimination rules.
Although Carpenter has not been sued for refusing to photograph a same-sex wedding, other faith-based business owners across the country have been. In Oregon, Aaron and Melissa Klein were ordered to pay $135,000 for declining to bake a cake for a same-sex couple. In Washington, florist Barronelle Stutzman paid $5,000 to settle similar legal claims.
And in 2018, the U.S. Supreme Court ruled in favor of Colorado baker Jack Phillips, concluding that state officials had violated his religious rights by penalizing him for declining to make a wedding cake for a same-sex couple.