A split decision of the Eighth Circuit Court on Friday cleared the way Friday for two “Christian” videographers to sue the state of Minnesota over the right to refuse to film same-sex weddings, arguing that the videos are a form of speech subject to First Amendment protections. Carl and Angel Larsen, who run a Christian videography business called Telescope Media Group , filed a federal suit in 2016 against Minnesota’s human rights commissioner, saying the state’s public accommodation law could hit them with steep fines or jail time if they offered services promoting only their vision of marriage. U.S. District Judge John Tunheim in Minneapolis originally dismissed their case after finding that their professional policy of promoting marriage as a bond between one man and one woman was akin to posting a sign that said “white applicants only.” Reversing the previous ruling Friday, a divided three-judge panel of the Eighth Circuit emphasized that the Larsens have a First Amendment right “to choose when to speak and what to say.” “Even anti-discrimination laws, as critically important as they are, must yield to the Constitution,” U.S. Circuit Judge David Stras wrote for the panel’s 2-1 majority , “And as compelling as […]
