Emilee Carpenter, a wedding photographer in New York, won a ruling Thursday when the U.S. District Court for the Western District of New York said she is permitted to only create messages that are consistent with her faith – among them, that marriage is a lifelong union between one man and one woman. (See earlier article)
"And New York cannot now prevent that through their laws," adds attorney Hal Frampton of Alliance Defending Freedom (ADF), the law firm that represented Carpenter.
"From start to finish," said the court, "[Emilee] provides a customized, tailored photography service that is guided by her own artistic and moral judgment … [constituting] 'mediums of expression' [that] are expressive activity protected by the First Amendment."
The ruling follows a 2023 Supreme Court decision known as 303 Creative v. Elenis. In that case, justices ruled that Colorado-based graphic designer Lorie Smith could design wedding websites for only traditional, one-man/one-woman weddings.
"303 Creative was the primary thing that the judge cited in issuing his ruling in favor of Emilee," Frampton explains. "303 Creative decided that creative professionals have the freedom to speak messages and create messages consistent with their faith, [and that] they can't be compelled to create messages that are inconsistent with their faith – and that ruled the day here as well."
ADF represented Lorie Smith in 303 Creative.
"We're here to help people of faith live out their faith in the marketplace and wherever they live, learn, work, and play," Frampton concludes. "Unfortunately, it is the case that some government entities don't like that and that you need someone like us to help."
Under New York's laws, Carpenter faced fines of up to$100,000, a revoked business license, and up to a year in jail.
Image of Emilee Carpenter compliments of ADF.
