Freedom to Create: New York Settles with Christian Photographer
The state of New York has agreed to a settlement with Christian photographer Emilee Carpenter, ending a four-year legal battle over her refusal to provide services for same-sex weddings due to her religious objections. Carpenter, represented by Alliance Defending Freedom (ADF), had argued that New York’s Human Rights Law would force her to create artistic works that contradict her Christian beliefs on marriage. The settlement, finalized on Tuesday, requires New York to pay Carpenter $225,000 in attorney’s fees and prohibits the state from enforcing its antidiscrimination laws against her.
Under the terms of the settlement, Carpenter is free to run her photography business in accordance with her faith, and state officials are barred from forcing her to offer the same photography packages for same-sex weddings that she offers to heterosexual couples. The agreement also affirms Carpenter’s right to ask prospective clients questions to determine the nature of their requests and to adopt and publicize a policy expressing her beliefs. ADF Senior Counsel Bryan Neihart celebrated the outcome, stating, “Free speech is for everyone, and we’re pleased to settle this case so that Emilee can speak her views on marriage without being punished by New York”.
The settlement aligns with a 2023 Supreme Court ruling in 303 Creative LLC v. Elenis, which held that states cannot compel speech from creative professionals. This decision set a major precedent for how lower courts interpret compelled speech in cases involving religious liberty and creative professionals. Carpenter’s case was revived after the Supreme Court’s ruling, and the settlement marks a significant victory for free speech and religious liberty.
