Christian photographer wins religious settlement from New York state

New York photographer Emilee Carpenter entered a court-approved settlement protecting her First Amendment right to expression under state law, according to the consent decree filed on Tuesday. The agreement came after Carpenter sued the state in 2021 out of concern that New York’s anti-discrimination laws violated her free speech and religious practice.

What’s the background of this case? New York’s nondiscrimination laws bar vendors from withholding services from patrons on the basis of sexual orientation. As a Christian, Carpenter believes marriage is defined exclusively as a union between one man and one woman and felt a religious conviction against photographing a gay wedding. Under the law, Carpenter could lose her business license, receive a $100,000 fine, and spend up to a year in jail for refusing business from same-sex couples. The new agreement was brokered earlier this month and made public on Tuesday. Emilee appealed her case to the U.S. Court of Appeals for the 2nd Circuit last July. The higher court remanded the case, citing the U.S. Supreme Court’s 2023 decision to uphold protected speech with its ruling on 303 Creative v. Elenis. U.S. District Judge Frank P. Geraci Jr. then issued a preliminary injunction in May protecting Carpenter from the anti-discrimination laws while the court battle continued.

The new agreement continues to protect Carpenter from the state’s anti-discrimination laws and orders the state to pay $225,000 in legal fees. The nonprofit Alliance Defending Freedom, which represented Carpenter, celebrated the agreement as a precedent-setting, free speech win. New Yorkers can now enjoy the inherent American freedom to create and express themselves regardless of their views, ADF Senior Counsel Bryan Neihart said in a Tuesday statement.

How will the case have a broader impact? ADF attorney Jonathan Scruggs told WORLD that the logic behind Carpenter’s win will protect other artists within the state. Although the anti-discrimination law itself remains unchanged, this settlement effectively creates an exemption for all artists like Carpenter and gives others a constitutional defense should the state come after them, he said during a Wednesday interview.

WORLD reached out to the office of New York Attorney General Letitia James for comment and did not receive an immediate response.

Dig deeper: Read my previous report in WORLD Magazine for more background on Carpenter’s case.