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Religious Photographer Loses Fight Against Nondiscrimination Statute

Same-Sex Marriage
Same-sex marriage ceremony. | Image from SHSPhotography

A Christian wedding photographer in New York City has lost the fight in her bid to overturn a state nondiscrimination statute.

A federal court in New York dismissed the lawsuit filed back in April by photographer Emilee Carpenter. In her argument, she stated that the New York nondiscrimination law compelled her to choose between her faith and paying fines of up to $100,000.

On Monday, U.S. District Judge Frank P. Geraci Jr. of Western New York said, “The crux of Plaintiff’s claims is that her photography is the product of her unique artistic style and vision. Thus, an exemption for Plaintiff’s unique, non-fungible services would necessarily undermine, not serve, the State’s purpose, as it would ‘relegate [same-sex couples] to an inferior market’ than that enjoyed by the public at large.” He also stated that, “the Court is not persuaded.”

She also claims that the law violated her First and 14th Amendment rights after she was asked to photograph seven same-sex couples.

Alliance Defending Freedom’s senior counsel, Jonathan Scruggs, who defended Carpenter, said in a statement, “The court’s decision continues down a dangerous path of the government compelling artists to speak messages that violate their religious beliefs — or imposing steep fines, closing their businesses, or throwing them in jail.”

Those in favor of the ruling are LGBTQ advocates. They supported the court’s decision, saying, “support for marriage equality has never been higher.” The president and CEO of GLAAD, Sarah Kate Ellis, said, “Non-discrimination laws protect every citizen and send a signal that all are welcome, and that’s good for business.”

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