Kentucky wedding photography A federal judge in Kentucky enjoined enforcement of Louisville’s nondiscrimination law (the “Fairness Ordinance”), which bars businesses from discriminating on the basis of sexual orientation, against a wedding photographer who objects to same-sex marriage on religious grounds. The city, the court ruled, “cannot compel [plaintiff Chelsey] Nelson to provide her wedding photography services for same-sex wedding ceremonies” because it effectively compels her to express views that are inconsistent with her beliefs. Emphasizing Free Speech principles, the court distinguished between businesses providing services that amount to speech from those that don’t: [A]lthough Louisville may require restaurants and hotels and stores to provide services regardless of the proprietors’ views or their customers’ legal status, the government may not force singers or writers or photographers to articulate messages they don’t support. Because speech is categorically different under the federal Constitution, local laws must treat it differently, too. The court also found that enforcement of the Fairness Ordinance would violate Nelson’s religious freedom rights under the state’s Religious Freedom Restoration Act (RFRA). Kentucky’s RFRA requires the government to have a compelling reason before placing a substantial burden on religious exercise, and it requires that the restriction be “narrowly tailored” to […]
