A Christian photographer and blogger in Kentucky prevailed in court last October after filing a pre-enforcement lawsuit against the city of St. Louis.
Chelsey Nelson knew it was only a matter of time before someone sued her for refusing to provide services for a homosexual “wedding” under an ordinance that barred “discrimination.” Nelson believes what the Bible teaches about marriage and will not use her artistic talents to provide services that conflict with her faith.
The ordinance would violate her First Amendment rights of freedom of religion and of speech.
Alliance Defending Freedom (ADF) filed the lawsuit on Nelson’s behalf.
A district court initially ruled in Nelson’s favor, but the city of Louisville asked the U.S. Court of Appeals for the Sixth Circuit to review the case.
While the appeal was pending, the U.S. Supreme Court issued a 6-3 decision in 303 Creative v. Elenis (2023), siding with a Christian business owner. The high court held that applying a public-accommodation law to compel an artist to speak, or to refrain from speaking, violates the Free Speech Clause of the First Amendment.
In light of that ruling, the Sixth Circuit remanded the case to the lower court, which again ruled in Nelson’s favor.
ADF announced on Tuesday that the city of Louisville will pay Nelson $800,000 in attorney’s fees.
303 Creative is a much-cited case for Christian plaintiffs. Similar public-accommodation laws also bar Christians from stating the reason why they won’t take photographs or bake cakes for “weddings” if the reason is religious.
Under such ordinances, a Christian who services weddings must provide services for all weddings — or none at all.
The Supreme Court said that these restrictions on religious beliefs and speech are illegal.
