Trump-appointed U.S. District Judge Justin Reed Walker ruled on Friday that it’s perfectly constitutional for a Christian photographer in Louisville, Kentucky to refuse service to same-sex couples even though the city has an ordinance prohibiting LGBTQ discrimination and even though no gay couples have actually asked the photographer to take pictures of anything for them.
In his ruling, the judge wrote that “Christian” photographer Chelsey Walker cannot be compelled to take photos of same-sex weddings, even though she offers her photography as a public business, because her photos are “art” and art is a form of “speech.” Therefore, no government can force people to make any speech against their will. The judge said that requiring her to take photos of gay weddings would also go against Walker’s religious beliefs.
“Just as gay and lesbian Americans cannot be treated as social outcasts or as inferior in dignity and worth,” the judge wrote, “neither can Americans ‘with a deep faith that requires them to do things passing legislative majorities might find unseemly or uncouth.”
In 2019, Nelson asked the Louisville District Court to issue an injunction ensuring that she never has to comply with the city’s Fairness Ordinance. She said she worried about being sued if she marketed her business and the city became aware of her refusal to shoot same-sex marriages. She was represented by Alliance Defending Freedom (ADF), a right-wing Christian legal defense counsel that is regularly behind anti-LGBTQ lawsuits meant to challenge any expanse of non-discrimination laws or queer civil rights.
If the judge’s legal “reasoning” sounds familiar, it’s because it’s nearly the exact same argument that the Trump Administration used in a U.S. Supreme Court amicus brief in defense of the Masterpiece Cakeshop, the Colorado bakery that in 2012 refused to bake a wedding cake for a gay couple.
“An artist cannot be forced to paint, a musician cannot be forced to play and a poet cannot be forced to write,” the Department of Justice’s amicus brief said. The brief asserted that public accommodation non-discrimination laws (like Lousiville’s Fairness Ordinance) are supposed to apply only to goods and services (like dispensing pharmaceutical medicine or renting hotel rooms) and not to artistic creations that are “expressly communicative” like wedding cakes and wedding photography.
As Hornet explained, “If public accommodation laws require a baker to make a cake for a gay wedding, the brief argues, then they could also potentially force a freelance designer to design fliers for a neo-Nazi group or the Westboro Baptist Church.”
The brief went on to say that opposing racism and misogyny is different from opposing homophobia because the Supreme Court has not yet ruled that “eradicating private individuals’ opposition to same-sex marriage is a uniquely compelling interest” — thats because gay marriage had only been legal nationwide for a few years.
But the fact is that the government does have a compelling interest to uphold the Fourteenth Amendment ensuring that all individuals are treated equally under the law rather than allowing individuals to deny same-sex couples the same treatment as everyone else.
The case may be appealed to the U.S. Supreme Court which is the ADF’s goal. They keep filing these lawsuits in hopes that the conservative-leaning courts will help strike down LGBTQ anti-discrimination ordinances nationwide.
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
Furious Franklin Graham Blasts UK: I’m Not Homophobic I Just ‘Preach the Truth of the Gospel’ to Save Gays From Hell
Anti-LGBTQ activist Franklin Graham says he’s not homophobic, but he is calling LGBTQ activists “truthophobic” and “free-speech-ophobic.” Graham is once again blasting activists in the UK who have succeeded in getting venues in eight cities to ban him from spreading his hate speech.
The evangelical Christian preacher on Facebook says, “my eight-city evangelistic tour across the UK has been met with resistance by LGBTQ activists who inaccurately claim that I am homophobic, Islamophobic, and say that I speak hate. Anyone who knows me or has heard me speak knows that this really isn’t true—but, I DO preach the TRUTH of the Gospel.”
Using the Christian Bible to advance an agenda of hate is an old trick. The Bible has been used for centuries to advance racism, homophobia, and misogyny.
Graham went on to say: “One person commented, ‘How is Christianity a hatred speech, when you’re trying to save people from HELL? I call it a love speech.’ He’s right.”
He’s actually wrong. Not everyone believes in the concept of hell, and forcing that belief and the hate tied to it on those who do not share those religious precepts is immoral.
- 'MOST SECURE ELECTION IN US HISTORY'2 days ago
MAGA Senator’s Attack on Dems’ Voting Rights Bill Backfires Spectacularly: ‘Truest Thing You Have Said All Year’
- News3 days ago
‘DC Is Dissolved’: Trump Supporters Freak Out Because They Can’t Properly Read Google Maps
- TRUMP WHO?2 days ago
WH Press Secretary Slams Reporter Who Masked Trump Attack: ‘We Don’t Take Our Advice or Counsel From Former President Trump’
- RIGHT WING EXTREMISTS2 days ago
North Dakota Expels Anti-Mask, Anti-Vaxx GOP Lawmaker for Alleged Sexual Harassment and ‘Bizarre’ Behavior
- News3 days ago
‘We’re About Facts Around Here’: Psaki Smacks Down Governor’s Claims After Abbott Attacks Biden for ‘Importing COVID’
- RIGHT WING EXTREMISM2 days ago
Arrested: Trump State Dept. Appointee, a Former Anti-LGBTQ Hate Group Employee, in Connection With Capitol Riot
- ANALYSIS3 days ago
‘You Don’t Have to Normalize Insurrection’: CBS News Slammed for ‘Complicit’ Jailhouse Interview of ‘QAnon Shaman’
- PLAYING WITH FIRE2 days ago
‘Marie Antoinette’ Trends After Video of Sen. Sinema Giving Thumbs Down to $15 Minimum Wage Vote Goes Viral