Federal court rules in favor of Louisville photographer who opposes same-sex weddings
A federal district court has ruled in favor of a Louisville photographer who filed a lawsuit against the city in 2019, alleging its Fairness Ordinance violated her constitutional rights as a Christian because it could force her to take on same-sex wedding assignments.
In a 44-page ruling Tuesday from U.S. District Court Judge Benjamin Beaton, the court granted a request by Chelsey Nelson, owner of Chelsey Nelson Photography, for an injunction against the city's ordinance, saying the city could not use the law to compel her to photograph same-sex weddings or "otherwise express messages inconsistent with Nelson's beliefs," and could not prohibit her from advertising on her website that she only photographs opposite-sex ceremonies.
Her lawsuit had claimed through the Fairness Ordinance, the city was forcing her to promote and participate in ceremonies that she opposed for religious reasons. And the judge agreed, saying in the ruling that while she had 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."
In 2020, U.S. District Judge Justin Walker had previously blocked the city from enforcing the ordinance against Nelson and preventing her from advertising her services on her website as exclusively for opposite-sex couples.
Opinion from Nelson:Louisville photographer: As a Christian, I shouldn't be forced to work same-sex weddings
In the latest ruling, Beaton said the Fairness Ordinance does not "survive" strict scrutiny and could not restrict First Amendment rights. Nelson's refusal to photograph same-sex couple weddings is born out of a true religious belief, his order said, and the ruling said financial and legal burdens Nelson faces for following her beliefs and violating the Fairness Ordinance "are quite substantial."
In 1999, Louisville passed the Fairness Ordinance, which prohibits discrimination based on sexual orientation and gender identity in housing, public accommodations and employment.
Nelson was represented in her lawsuit by The Alliance Defending Freedom, which said in a statement following the ruling that she is "a photographer who serves clients regardless of their backgrounds," though in the lawsuit and additional statements Nelson had argued she would not work same-sex weddings because of her "passion for marriage" and her insistence to work "ceremonies in a way that reflects my views of marriage."
Alliance Defending Freedom Legal Counsel Bryan Neihart said in the statement Wednesday that he was 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," Neihart said.
Louisville Mayor Greg Fischer, meanwhile, said in a statement he disagreed with the court's ruling and that city officials "will likely be appealing this decision."
"We are a city of compassion and we appreciate the many ways our LGBTQ+ family contributes to our diverse community," Fischer said. "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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Reporter Andrew Wolfson contributed to this story. Reach Ana Rocío Álvarez Bríñez at abrinez@gannett.com; follow her on Twitter at @SoyAnaAlvarez
This article originally appeared on Louisville Courier Journal: Court rules in favor of Chelsey Nelson Photography vs. Louisville
