A federal court has sided with a Christian photographer challenging nondiscrimination provisions she believes would force her to work same-sex weddings despite her religious objections. This is the latest example of U.S. courts ruling in favor of religious liberty protections.
In an opinion published Tuesday, the U.S. District Court for the Western District of Kentucky sided with photographer Chelsey Nelson in her ongoing legal dispute with the city of Louisville over its prohibition on discrimination on the basis of sexual orientation and gender identity or the denial of services based on said characteristics.
Judge Benjamin Beaton, appointed to the bench by President Donald Trump, authored the decision.
Nelson, a practicing Christian who believes that marriage is a sacramental union between one man and one woman, informs prospective clients that she doesn’t provide photography services for same-sex weddings. She filed a lawsuit alleging that the nondiscrimination provisions violated the Free Speech and Free Exercise clauses of the First Amendment to the U.S. Constitution as well as Kentucky’s Religious Freedom Restoration Act.
While the federal court sided with Nelson in 2022, thus prohibiting Louisville from enforcing the nondiscrimination provisions against her, she appealed the rejection of her request for nominal damages while the city also appealed to the U.S. Court of Appeals for the Sixth Circuit in an effort to reverse the ruling against the local laws.
In 2023, after the district court ruled against the nondiscrimination provisions and while the case was on appeal before the Sixth Circuit, the U.S. Supreme Court issued a major ruling in 303 Creative v. Elenis. That decision, which ruled that the U.S. Constitution prohibits states from using “expressive activity to compel speech,” became a binding precedent for cases involving religious liberty.
As a result of the 303 Creative ruling, the Sixth Circuit sent Nelson’s case back to the lower court for further proceedings. Tuesday’s decision marks the culmination of these legal efforts. In addition to siding with Nelson by upholding the previous rulings prohibiting the city of Louisville from enforcing the local laws against her, Beaton awarded her nominal damages.
As explained by the conservative legal nonprofit organization Alliance Defending Freedom, which has represented Nelson in her litigation, “Nominal damages are a type of compensation that remedy past harm, prevent future misconduct, and vindicate constitutional freedoms.” In a statement reacting to the decision, ADF Senior Counsel Bryan Neihart said, “Free speech is for everyone.”
“As the Supreme Court held two years ago in 303 Creative v. Elenis, Americans have the freedom to express and create messages that align with their beliefs without fear of government punishment,” he added. “For over five years, Louisville officials said they could force Chelsey to promote views about marriage that violated her religious beliefs.”
According to Neihart, “The First Amendment leaves decisions about what to say with the people, not with the government. The district court’s [decision] rests on this bedrock First Amendment principle and builds on the victory in 303 Creative.”
Nelson reacted to the ruling by declaring, “The government can’t force Americans to say things they don’t believe, and state officials have paid and will continue to pay a price when they violate this foundational freedom.”
She added that “the freedom to speak without fear of censorship” is a “constitutionally guaranteed right.”
“I’m grateful for my legal team at Alliance Defending Freedom that brought my case to victory not only for me, but for every other artist in Louisville,” she stated.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
