Case Summary
Emilee Carpenter is a professional photographer, based in New York, who has been photographing weddings since 2012. In 2019 she took a leap of faith and opened her own business, Emilee Carpenter Photography LLC.
Ms. Carpenter is also a devout Christian, who “uses her photography services to celebrate and promote her view of marriage.” She believes marriage is between one man and one woman, meaning she chooses not to photograph same-sex weddings.
Ms. Carpenter does not refuse to serve customers based on sexual orientation; she will serve gay customers outside of the wedding context. What she refuses to do is use her art to endorse an ideological claim that she believes to be false: the claim that marriage need not involve one man and one woman.
Unfortunately, under New York law, Ms. Carpenter is forced to do just that—to express an idea that she believes to be false. Under New York’s theory, any artist who offers their services for traditional marriages must endorse the state’s concept of marriage. Ms. Carpenter faces up to $100,000 in fines, a revoked business license, and potential jail time for not abiding by these laws.
Ms. Carpenter is suing the state on the grounds that its law violates the First Amendment’s “free speech clause” by compelling her to take work that directly contradicts her deeply held religious convictions.
Compelled speech is the most odious form of viewpoint discrimination, and violates the First Amendment’s Free Speech clause. This case cuts to the core of what constitutes freedom of speech. If the courts hold that the government can compel ideological speech without violating the First Amendment, the concept of free speech will be essentially destroyed.
MSLF filed its brief with the Second Circuit to argue that compelled ideological speech is either always or nearly always unconstitutional, and that viewpoint discrimination (including and especially compelled speech) is never appropriate. Even if the Court applies a “strict scrutiny analysis” in this case, MSLF wants the Court to hold that there is no compelling government interest that could justify forcing Emilee Carpenter to speak on an issue she fundamentally disagrees with, and that New York’s way of pursuing its interest is impermissibly oppressive.
New York is engaging in viewpoint discrimination: and that should be enough for the Court to find its law unconstitutional.
July 2024 Update
The Second Circuit Court of Appeals reversed the lower court’s dismissal, allowing Emilee Carpenter’s claims to proceed. The appellate court’s decision protects individuals from being forced to endorse messages they disagree with, reaffirming First Amendment rights.
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