Court Sides with Anti-Gay Photographer, Blocks Louisville’s Fairness Ordinance
Federal judge finds nondiscrimination law violated photographer's First Amendment right to refuse to photograph same-sex weddings.
A federal court has sided with a Louisville photographer who refuses to shoot same-sex weddings due to her religious beliefs, finding that a local nondiscrimination law violated her First Amendment rights.
In a 44-page ruling issued on August 30, U.S. District Court Judge Benjamin Beaton granted a request from Chelsey Nelson for an injunction to block the city from enforcing the law, which prohibits discrimination against LGBTQ people in employment, housing, and public accommodations.
Nelson initially sued in 2019, arguing that the Fairness Ordinance violated her First Amendment rights on the grounds that the city might be able to force her to photograph same-sex weddings or “otherwise express messages inconsistent with Nelson’s beliefs.” She also sought to be able to advertise on her website that she only photographs opposite-sex ceremonies.
As several other artistic professionals or wedding-related businesses have claimed in other cases, Nelson claimed she would have served clients, including LGBTQ people, “regardless of their backgrounds” so long as the work was not marriage-related. For weddings, she claimed she could not photograph same-sex ceremonies because of her “passion for marriage” and her desire to work “ceremonies in a way that reflects my views of marriage.”
Two years ago, another federal judge had previously blocked the city from enforcing the ordinance against Nelson and from preventing her from advertising her services as exclusively for opposite-sex couples.
In Tuesday’s ruling, Beaton found that Nelson was also protected from having to abide by the law under Kentucky’s Religious Freedom Restoration Act, and that the penalties she could have incurred under the Fairness Ordinance would have imposed a “substantial burden” on her.
“Does Nelson’s photography merit additional or independent protection based on her sincerely held religious beliefs? Probably not under federal law, but under state law it does,” wrote Beaton. “Because Nelson’s claim succeeds under state statutory law, the Court need not consider her federal Free Exercise claim under principles of constitutional avoidance.”
Beaton also found that, while Nelson has never been asked to photograph a same-sex wedding, “state law protects her photography and associated blogging from the burdens the City seeks to impose” if she were potentially sued under the law.
Alliance Defending Freedom Counsel Bryan Neihart said in a statement to the Courier Journal that he and his client were happy with the court’s decision.
“We’re pleased the court agreed that the city violated Chelsey’s First Amendment rights. The court’s decision sends a clear and necessary message to every Kentuckian — and American — that each of us is free to speak and work according to our deeply held beliefs.”
Louisville Mayor Greg Fischer said that he disagreed with the court’s ruling and said the city would likely appeal the decision.
“We are a city of compassion and we appreciate the many ways our LGBTQ+ family contributes to our diverse community,” Fischer said in a statement defending the aim of the Fairness Ordinance. “Louisville Metro Government will continue to enforce to the fullest extent possible its ordinance prohibiting anti-discriminatory practices and will fight against discrimination in any form.”
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