Local wedding photographer sues NYS over right to deny service for same-sex marriage ceremonies
ELMIRA, N.Y. (WENY) -- A local photographer is suing New York State over the state's anti-discrimination laws, specifically, the photographer's right to choose to accept or deny requests to photograph same-sex marriage ceremonies.
According to court documents, Emilee Carpenter of Emilee Carpenter Photography is suing NY Attorney General Letitia James, the Interim Commissioner of the New York State Division of Human Rights, Johnathan Smith, and Chemung County District Attorney Weeden Wetmore. The lawsuit was filed in U.S. District Court for Western N.Y.
Carpenter is being represented by Alliance Defending Freedom. In a post from ADF regarding Carpenter's case, the group says New York State law violates her rights. "Creative professionals like Emilee should have the freedom to create art consistent with their beliefs without fear of the government closing their business or throwing them in jail,” said ADF Legal Counsel Bryan Neihart.
In the same post, Carpenter is quoted saying, “The state shouldn’t be able to silence or punish me for living out my convictions.” Carpenter also said, “I serve clients from all backgrounds, but the government is attempting to tell me what to do, what to say, and what to create based on its beliefs, not mine. Free speech protects everyone. Photographers and other artists should be able to choose the stories they tell.”
According to the legal brief filed in U.S. District Court in June, "Ms. Carpenter freely photographs all customers, regardless of race or sexual orientation, including those that identify as LGBT. The crux of this issue, however, is the wedding ceremony itself. As an inherently religious and expressive event, her faith forbids her to celebrate something that goes against the teachings of the Bible. To photograph a same-sex wedding would amount to actual participation and celebration of the ceremony, in essence a personal endorsement for an event that is contrary to her faith."
The lawsuit argues that Carpenter, and her choice to not provide services for same-sex couples is protected by the Constitution, specifically the First Amendment. The lawsuit argues that New York State law cannot force an individual to participate in a wedding ceremony, and state law cannot punish someone for exercising their religious beliefs.
WENY News has reached out to Carpenter for a comment regarding the lawsuit.
This is a developing story.