New York Attorney General Letitia James entered into a settlement agreement that prevents her office from bringing anti-discrimination charges against wedding photographer Emilee Carpenter and provides $225,000 in attorneys’ fees.
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Ms. Carpenter’s legal prospects weren’t always so rosy. In December 2021, U.S. District Judge Frank Geraci dismissed her pre-enforcement challenge, ruling that the state has a “compelling interest” to ensure that people have equal access to public goods and services regardless of sexual orientation.
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ADF attorneys represented Ms. Smith, a Christian website designer in Colorado, as well as Masterpiece Cakeshop owner Jack Phillips, whose 2018 victory at the Supreme Court laid the groundwork for the 303 Creative decision.
As a result, the appeals court sent Ms. Carpenter’s case back to the lower court, where Judge Geraci found that “it is now beyond debate that a state’s public accommodations law may not be ‘applied to expressive activity to compel speech.’”
“As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe,” Mr. Neihart said. “The U.S. Constitution protects Emilee’s freedom to express her own beliefs as she continues to serve clients of all backgrounds and beliefs. New Yorkers can now enjoy the freedom to create and express themselves, a freedom that protects all Americans regardless of their views.”
The consent decree prevents the New York attorney general and New York state commissioner of human rights from enforcing laws against Ms. Carpenter that would require her to offer same-sex couples the same wedding and engagement services available to opposite-sex couples.
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The consent decree applies only to Ms. Carpenter and her business and expires whenever she stops offering “paid wedding photography services to the general public.”
Even so, the federal court’s rationale would be expected to cover other New York photographers who seek the same protection.
Previously, Ms. Carpenter said she received queries from same-sex couples about wedding photography, according to the lawsuit, but declined to respond for fear of running afoul of state law.
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“It’s $100,000 fines, it’s jail time. It’s ultimately the closure of my business, and as an entrepreneur, that’s extremely terrifying,” Ms. Carpenter said in a video posted on the ADF website.
Ms. Carpenter was also represented by local counsel Raymond Dague of Dague Law.