Bryan Neihart of Alliance Defending Freedom (ADF) says the U.S. Court of Appeals for the 2nd Circuit ruled Friday that Emilee Carpenter and her challenge to New York's unconstitutional laws could go forward.
As AFN has reported, Carpenter runs a photography and blogging studio that creates messages consistent with her biblical belief that marriage is between one man and one woman.
"I believe that marriage is a picture of the gospel and demonstrates the redemptive love of Jesus Christ, who willingly gave Himself up for us by going to the cross, paying the debt for our sins, and paving a way for us to be united with Him," she states on her website. "He died to His own interests, looking to our own needs, and painted a picture of sacrificial love in action."
The state, however, is trying to force her to promote a different view, which violates the First Amendment.
ADF believes a U.S. Supreme Court's recent ruling in a similar dispute involving a Colorado professional will benefit Carpenter.
"Last year, in June of 2023, the United States Supreme Court ruled in a case called 303 Creative v. Elenis that Colorado could not misuse its public accommodation law to compel our client, Lorie Smith, to create websites celebrating a view of marriage that violated her religious beliefs," Neihart reports. "The Supreme Court was very clear that the government cannot force people to say things that violate their beliefs, and they especially can't do so under the threat of government punishment."
He says the 2nd Circuit relied heavily on that Supreme Court precedent to say Emilee Carpenter's claims are similar and should proceed in court, with a lower court evaluating whether to issue an injunction to prevent New York from forcing her to create messages inconsistent with her faith.
With these types of situations happening across the country, Neihart thinks this issue should concern everyone.
"You should be thankful that the 2nd Circuit Court of Appeals upheld the First Amendment in this case," he states.
