The First Amendment guarantees all Americans the freedom to choose what to say and what not to say. But in recent years, some state and local governments have threatened this freedom by misapplying public-accommodation laws to target constitutionally protected speech.
In the 2023 decision 303 Creative v. Elenis, the U.S. Supreme Court reaffirmed the bedrock First Amendment principle that the government cannot compel someone to express a message they don’t believe. In 303 Creative, Alliance Defending Freedom represented graphic artist Lorie Smith and her design studio to ensure her freedom to create custom web designs consistent with her beliefs about marriage.
Before the Supreme Court’s ruling, ADF had filed lawsuits all over the country defending the rights of artists to express only messages consistent with their beliefs. One of those artists is Emilee Carpenter, a photographer and blogger from New York.
In Emilee’s case, New York state and county officials misused public-accommodation laws to try to compel Emilee to create photographs and write blog posts celebrating a view of marriage that contradicts her beliefs. They said if she declined to create those photographs and blogs, she would be violating the state’s laws.
But New York was wrong. The First Amendment ensures that Emilee can decline to express messages that contradict her beliefs, and the Supreme Court’s ruling in 303 Creative reaffirmed this right. Thankfully, after more than four years in court, Emilee prevailed.
Who is Emilee Carpenter?
Emilee is a Christian artist who tells stories through her photographs and blogs. She began her journey as a photographer in high school, and she first started working professionally in 2012.
“From the moment I picked up a camera, I knew what I wanted to do with it: tell stories and create something meaningful,” Emilee wrote.
After a brief stint in the corporate world, Emilee founded her own photography studio, Emilee Carpenter Photography, to pursue her creative passions and to celebrate marriage as the union of one man and one woman.
“I love what I do, because I believe marriage is a picture of the Gospel and demonstrates the redemptive love of Jesus Christ,” Emilee said. “I believe He died to His own interests and painted a picture of sacrificial love in action.”
But Emilee read news reports about other photographers and business owners in New York and elsewhere who were being sued and threatened with severe penalties for declining to celebrate or participate in same-sex weddings. She then learned about New York’s laws and realized they were threatening her ability to operate her business in accordance with her faith.
New York’s unconstitutional law
New York’s human rights law prohibited “unlawful discriminatory practices … because of” sexual orientation in “any place of public accommodation.” Its definition of a place of public accommodation included “retail … establishments dealing with goods or services of any kind.”
While public accommodations laws are rightly supposed to ensure people have access to basic goods and services, the truth is that New York was going far beyond that, using the law to force people to express views with which they did not agree. In Emilee’s case, the law meant that if she photographed and celebrated weddings between one man and one woman, she must also do so for same-sex weddings. As a Christian, if Emilee were to celebrate a same-sex wedding, that would express a message that violates her beliefs.
“Marriage unveils the beauty and depth of the Gospel, and I get to be there to capture it,” Emilee said. “I get to connect with people on an honest, open, and intimate level, then translate stories into tangible treasures they will remember forever. It’s heartbreaking to learn that my state could force me to give that up.”
If Emilee continued photographing only weddings between one man and one woman, she could have been forced to pay limitless damages and a $100,000 fine. She also risked jail time and having her business license revoked.
So, in April 2021, Alliance Defending Freedom filed a lawsuit on Emilee’s behalf challenging the unconstitutional law.
A four-year legal journey
Initially, a federal district court wrongly dismissed Emilee’s case. ADF attorneys appealed that decision to the U.S. Court of Appeals for the 2nd Circuit.
In September 2022, ADF attorneys delivered oral argument at the 2nd Circuit and explained that the federal district court’s decision should be reversed. And in June 2023, the Supreme Court upheld the free speech rights of ADF client and graphic artist Lorie Smith in 303 Creative v. Elenis. In light of that decision, ADF attorneys filed a supplemental brief asking the 2nd Circuit to similarly affirm Emilee’s right to free speech.
In July 2024, the 2nd Circuit ruled that Emilee’s case could proceed and that a lower court should evaluate whether to issue an injunction to prevent New York from forcing her to create messages inconsistent with her faith.
Thankfully, that injunction eventually came—albeit about a year later—halting the state from forcing Emilee to express messages she disagreed with. And finally, in July 2025, New York officials agreed in a settlement that they would not violate Emilee’s First Amendment rights and would pay $225,000 in attorneys’ fees.
“Free speech is for everyone, and we’re pleased to settle this case so that Emilee can speak her views on marriage without the threat of being punished by New York,” said ADF Senior Counsel Bryan Neihart. “As the Supreme Court reaffirmed in 303 Creative, the government can’t force Americans to say things they don’t believe.”
Celebrating God’s design for marriage
The First Amendment guarantees to all Americans—including artists—the freedom to choose which messages to express. This favorable settlement ensures that Emilee can continue doing the work she loves without being forced to violate her beliefs.
In addition to protecting her constitutional rights, the settlement also allows Emilee to create the best possible work for her clients.
“My work is about identifying the best part of an event and celebrating its truth and goodness,” Emilee said. “That is no different than many other artists who seek to live out their values. It’s hard to put everything you have into celebrating something you disagree with.”
Now, Emilee’s website boldly proclaims her faith and her passion for celebrating biblical marriages through her gift of photography.
“God announces His majesty in the thundering of a waterfall, paints His glories in the contours of the Grand Canyon, and etches His mystery in the brilliance of the universe,” Emilee says on her website. “He is who I aspire to exalt in every area of my life, most of all my photography.”
We must protect free speech
With God’s grace, ADF has achieved many important victories for free speech. The Supreme Court’s decision in 303 Creative and the favorable settlement for Emilee are two examples of the Lord’s providence in this area.
But the fight to protect free speech is not over. Government officials across the country continue to threaten this foundational freedom.
When you give to Alliance Defending Freedom, you help defend courageous Americans like Emilee Carpenter—so that no one is punished for living out their beliefs.
Stand with us. Give today to help advance freedom for everyone.
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