Federal appellate judges probed the scope of a recent U.S. Supreme Court ruling during arguments Friday in a challenge to a Louisville anti-discrimination ordinance brought by a Christian photographer opposed to shooting same-sex weddings. In 303 Creative v. Elenis , the high court’s conservative majority ruled for a Denver website designer who refused to make wedding websites for LGBTQ couples, finding that compelling her to do so would violate her First Amendment rights because her business provides “expressive” services that involve “pure speech.” U.S. Court of Appeals for the Sixth Circuit Judge John Bush cited similarities between the 303 Creative case and the one before the appeals court, where Christian photographer Chelsey Nelson argues the Louisville-Jefferson County Metro Government’s ordinance violates her free speech by compelling her to photograph weddings for gay couples. “Under that provision under 303 Creative , it seems like that’s a pretty close case to what we have here, isn’t it?” asked the Trump appointee, questioning if the recent high court ruling disposes of Louisville’s bid to reverse a lower court order barring enforcement of the law. But Kaplan Johnson Abate & Bird attorney Casey Hinkle, representing the Kentucky county, cited key differences between the […]
