Posted on 08/15/2020 9:54:52 AM PDT by SeekAndFind
A federal judge in Kentucky has ruled that the city of Louisville cannot force a Christian photographer to work same-sex weddings because the Constitution does not require a choice between gay rights and freedom of speech.
U.S. District Judge Justin R. Walker on Friday ruled that Chelsey Nelson, a wedding photographer and blogger who is a Christian, can refuse to photograph and blog celebratory messages about same-sex weddings, according to the Christian legal firm Alliance Defending Freedom.
As per a local ordinance, as interpreted by Louisville officials, Nelson would face substantial penalties, including damages, court orders and compliance reports, if she declined to serve a gay couple.
However, the court held, Just as gay and lesbian Americans cannot be treated as social outcasts or as inferior in dignity and worth, neither can Americans with a deep faith that requires them to do things passing legislative majorities might find unseemly or uncouth. They are members of the community too.
The court wrote, And under our Constitution, the government cant force them to march for, or salute in favor of, or create an artistic expression that celebrates, a marriage that their conscience doesnt condone. America is wide enough for those who applaud same-sex marriage and those who refuse to.
It further stated, The Constitution does not require a choice between gay rights and freedom of speech. It demands both.
The court also denied the citys request to throw out the lawsuit. In February, the U.S. Department of Justice filed a statement of interest with the court supporting Nelson and her artistic freedom.
Nelson only photographs weddings between one man and one woman due to her Christian belief, which the ordinance wouldnt allow, according to city officials.
Under the law, Chelsey cannot explain to clients and potential clients how her religious beliefs on marriage affect the artistic choices she makes. She cant even include those beliefs on her website or social media sites.
This interpretation of the law is a violation of Chelseys constitutionally protected free speech and freedom of religion, ADF said in a statement. And it should concern everyone who values the rights we have in America to live and work consistently with our beliefs free from government punishment.
ADF Senior Counsel Jonathan Scruggs argued before the court, saying: Just like every American, photographers and writers like Chelsey should be free to peacefully live and work according to their faith without fear of unjust punishment by the government. The court was right to halt enforcement of Louisvilles law against Chelsey while her case moves forward. She serves everyone. She simply cannot endorse or participate in ceremonies she objects to, and the city has no right to eliminate the editorial control she has over her own photographs and blogs.
ADF said, If the government can tell us what to think, what to do, and what to say, then we do not live in a free America.
Roberts will “correct” that.
I think I would have obliged the happy couple, but it wouldn’t have been A+ work, if you know what I mean (heads cut off, out of focus, off-centered).
Hard to redo wedding photos; you only get one shot at them
There seem to be some small vestiges of common sense and sanity out there. Sorry you had to go through this Chelsey.
Because these people want to be the gay equivalent of Rosa Parks.
It was hussein’s DOJ that put pressure on the baker.
It was Colorado’s unelected Civil Rights Commission
https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colorado_Civil_Rights_Commission
Homofascists love these tribunals and want then down to the city level. There they can persecute anyone who doesn’t actively support their political agenda 100%.
A win is a win I hate the pervs all of them. Let the shooting begin
Excellent decision!
Now the question is, when this and other cases like it reach the Supreme Court, will both Roberts and Gorsuch join the far left activist block and make it a 6-3 decision overturning this decision and enshrining bake the cake/take the photos/arrange the flowers bigot as the law of the land, or will just one of them do so in a 5-4 decision?
Im sorry to say, but based on recent decisions there is no reason to think the current Sup court would decide this case correctly like judge Walker did.
Not yet. The Colorado bakers Sup Court victory was decided on very narrow grounds, That indicates there arent 5 votes to comprehensively strike down such laws. All it takes is one defection to settle this forever in favor of the leftists bullies. The chances of Roberts or Gorsuch joining the Left is very high in my opinion.
Weren't there any other bakers or bakeries that these people could have used.
This is not about baking or not baking; or, taking photos or not taking photos. This is about the Gay movement forcing people to "celebrate" their nuptials.
There is freedom of (or from) association in the 1st Amendment. Why is that not in force when it comes to anything "gay"?
These lawsuits are just to harass Christians, and the LBTQ+ crowd seeks them out to sue.
Can they not find any number of LGBTQ+ florists, photographers, bakers, etc? REALLY?
Good news story of the day.
JoMa
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