Supreme Court says web designer can deny LGBTQ+ couples. NY photographer suit resurfaces

An Elmira photographer whose lawsuit over New York's anti-discrimination laws was dismissed in 2021 is pursuing an appeal, buoyed by a recent Supreme Court ruling in a similar case.

Emilee Carpenter, who specializes in wedding photography, filed a lawsuit in U.S. District Court, claiming New York's requirement — if she photographs weddings between a man and a woman she must do likewise for same-sex couples — violates her religious beliefs and constitutional rights.

In June, the Supreme Court backed a Colorado web designer who sought to decline to create websites for same-sex weddings on the same grounds. In that case, the Supreme Court declined to hear the business owner's religious freedom argument. Instead, it agreed last year to limit its decision to only consider her free speech claims.

Lawyers for the Alliance Defending Freedom, an Arizona-based conservative Christian nonprofit advocacy group who are representing Carpenter, say the court decision will have a direct bearing on the fate of her legal challenge to New York's law.

"We believe we have a strong case," attorney Bryan Neihart said. "The Supreme Court was crystal clear that the government can't use laws to force people to do something they don't believe in. The cases are nearly identical."

Why Elmira photographer filed lawsuit

Carpenter filed a lawsuit as a preemptive step, she said, after she received multiple requests from same-sex couples to photograph their weddings through her business, Emilee Carpenter Photography. By not honoring those requests, she said, she feared she would be penalized by state agencies.

Those penalties can include fines of up to $100,000, a revoked business license, and up to a year in jail, according to the Alliance Defending Freedom. Carpenter called that prospect "honestly terrifying."

"My options are violate the law, violate my faith, or shut down my business," she said. "None of those are acceptable."

The New York State Attorney General's Office, and Attorney General Letitia James, in their capacity as the primary enforcer of the state's anti-discrimination laws are named as defendants in the lawsuit, along with the commissioner of the state Division of Human Rights, and Chemung County District Attorney Weeden Wetmore.

In December 2021, the lawsuit was dismissed. U.S. District Judge Frank P. Geraci Jr. concluded Carpenter's complaint had no merit, and wrote the claim raised "no non-conclusory factual allegations that the laws were enacted with any kind of religious (or anti-religious) motivation."

More background on Elmira case: Federal court dismisses lawsuit over NY anti-discrimination laws

What does the Supreme Court ruling mean for NY case?

The Alliance Defending Freedom filed an appeal of the ruling last year with the Second Circuit Court of Appeals, and presented oral arguments in the case, which the court put on hold while the Colorado case was pending before the high court.

Neihart filed a supplemental brief with the Second Circuit Court of Appeals on July 14, after the Supreme Court ruled in favor of the website designer. In response, the Attorney General's Office argued there are important differences between the two cases, particularly as it pertains to free speech.

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In her brief, Assistant Solicitor General Alexandria Twinem asked the Second Circuit judges to remand the case to the original U.S. District Court for review.

"This will allow the plaintiff an opportunity for factual development of that claim and defendants an opportunity to show that requiring plaintiff to furnish her photography services to all customers regardless of sexual orientation or other protected class would not impair her free speech right," Twinem wrote.

In a statement regarding Carpenter's claim, James said, "Every New Yorker regardless of their race, religion, gender identity, or sexual orientation should be treated with dignity, respect, and afforded the same opportunities."

Neihart said the appellate court has not yet provided a timeline for any next steps.

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This article originally appeared on Elmira Star-Gazette: Elmira photographer renews appeal in LGBTQ+ weddings lawsuit