A federal appeals court has reinstated a lawsuit filed by 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 panel ruled last Friday in favor of Emilee Carpenter, allowing her lawsuit against New York's public accommodations law to move forward.
Circuit Judge Alison Nathan, appointed by President Biden, wrote the opinion, emphasizing that the lower court must reevaluate Carpenter's free speech claims. The court needs to determine whether the law compels Carpenter's expressive conduct or merely imposes an incidental burden on speech. Judge Nathan highlighted the importance of reconsidering Carpenter’s claims in light of the 2023 Supreme Court decision in 303 Creative LLC v. Elenis, which ruled that Colorado could not force a Christian website designer to create websites for same-sex marriages.
Nathan concluded that Carpenter has plausibly stated a compelled speech claim because New York's Human Rights Law mandates her to offer photography services for same-sex weddings. However, the panel denied Carpenter's request for a preliminary injunction to block the law’s enforcement. Instead, they sent the case back to the district court to reconsider the request for preliminary injunctive relief with a more developed factual record.
The Alliance Defending Freedom (ADF), a conservative legal organization representing Carpenter and involved in the 303 Creative case, praised the panel's decision. ADF Legal Counsel Bryan Neihart stated that the U.S. Constitution protects Carpenter’s right to express her views while serving clients from diverse backgrounds. He urged the district court to uphold this freedom and follow Supreme Court precedent, allowing Carpenter to create work in line with her convictions.
Carpenter initially filed her complaint in April 2021 in the U.S. District Court for the Western District of New York. The district court ruled against her in December, with Judge Frank Geraci, Jr. stating that New York has a compelling interest in ensuring equal access to publicly available goods and services, regardless of sexual orientation. Judge Geraci, an Obama appointee, asserted that even if the Accommodation clause compels speech, it is narrowly tailored to serve that interest and withstands strict scrutiny.
Judge Geraci also noted that New York's public accommodation laws are neutral, and Carpenter did not present non-conclusory factual allegations suggesting any religious or anti-religious motivation behind the laws.
