Department of Justice Files Statement of Interest Defending Photographer on Free Speech Claim

[mahatmakanejeeves]

Source: Department of Justice

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, February 27, 2020

Department of Justice Files Statement of Interest Defending Photographer on Free Speech Claim

The Department of Justice today filed a Statement of Interest in federal court in Kentucky, explaining that a Louisville/Jefferson County Metro Government law, which requires a photographer to photograph same-sex weddings in violation of her religious objections, violates the U.S. Constitution. The United States’ brief explains that the photographer, Chelsey Nelson, is likely to succeed on her claim that requiring her to photograph weddings against her conscience constitutes government-compelled speech that violates the Free Speech Clause of the First Amendment.

“The First Amendment forbids the government from forcing someone to speak in a manner that violates individual conscience,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division. “The U.S. Department of Justice will continue to protect the right of all persons to exercise their constitutional right to speech and expression.”

The law at issue prohibits businesses from discriminating on various bases, including on sexual orientation. Ms. Nelson brought suit against the Louisville/Jefferson County Metro Government and several of its officials, and sought a preliminary injunction preventing the application of this law to require her to photograph same-sex weddings.

The United States’ brief explains that Ms. Nelson is likely to succeed on her Free Speech claim. The Free Speech Clause prohibits the government from requiring people to engage in speech supporting or promoting someone else’s expressive event, such as a wedding ceremony. The brief observes that “[w]eddings are sacred rites in the religious realm and profoundly symbolic ceremonies in the secular one” and thus are plainly “expressive activities” under the Supreme Court’s Free Speech cases. Moreover, the brief explains, photography is an expressive art form, and wedding photography in particular seeks to celebrate and honor the union being photographed. Forcing a photographer, against her conscience, to express her support for a wedding that her faith opposes violates the Constitution.

In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.

Attachment(s): Download united_states_statement_of_interest_.pdf
https://www.justice.gov/opa/press-release/file/1252601/download

Topic(s): Civil Rights

Component(s): Civil Rights Division

Press Release Number: 20-239

Updated February 27, 2020



Read more: https://www.justice.gov/opa/pr/department-justice-files-statement-interest-defending-photographer-free-speech-claim

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Hat tip, Ninja0980 at Joe.My.God:

Another Ex-Staffer Sues Netanyahu’s Wife For Abuse
February 27, 2020

https://www.joemygod.com/2020/02/another-ex-staffer-sues-netanyahus-wife-for-abuse/

Hat tip, Ninja0980 at Joe.My.God:

Trump's Department of Justice declares that prohibiting anti-gay discrimination in public accommodations is NOT an important enough government interest to satisfy heightened scrutiny. https://justice.gov/opa/press-release/file/1252601/download

Link to tweet

[msongs]

1. great then I can refuse to do business with christians (or any other group) on those grounds nt

[oldsoftie]

6. Yes, you certainly can!

[bucolic_frolic]

2. OH this is a slippery slope

A religious belief can be invented for just about anything.

[no_hypocrisy]

3. Suppose the photographer's "religious views" "prevent" him/her from taking

wedding photos of a mixed race couple? Or simply a non-white couple?

Is the USDOJ ready to go THERE?

[PatSeg]

4. It certainly is wrong to discriminate against

same sex couples, but if I were getting married, I wouldn't want a photographer, who didn't want to take our photos. What an unpleasant experience that would be and I would be afraid that the photos would be intentionally or even unintentionally unflattering.

I don't get a hoot about the photographer's religious beliefs though and I don't believe he/she should be allowed to use religion to discriminate, but an artist as an independent contractor should be able to refuse to work for some customers, for any number of reasons. But then again, yes it is a slippery slope.

[Journeyman]

5. She's just in it for the headlines and to stir the pot . . .

She could as well have simply told the couple she had a competing event that day and couldn't accommodate them. Before I take on any new client, I get all the details and commit to nothing. If there's something about it that bothers me I find a polite way to beg out. She could have done the same, and probably does with all her clients. But no, this time she wanted to "take a stand" and cause people grief at one of their happiest moments.

[Karadeniz]

7. This is Christianity based and Christianity cares about the goodness of your soul, not genitals.