Summary
New York state law forces photographer and blogger Emilee Carpenter to create photographs and blogs celebrating same-sex weddings if she does so for weddings between one man and one woman. Penalties for violating the law include fines of up to $100,000, a revoked business license, and up to a year in jail.
Case Timeline
- April 2021: ADF attorneys filed a lawsuit on behalf of Emilee Carpenter and her photography studio challenging New York’s laws that forced her to photograph and blog about same-sex weddings because she does so for weddings between one man and one woman.
- December 2021: A federal district court dismissed Emilee’s case.
- January 2022: ADF attorneys appealed the decision to the U.S. Court of Appeals for the 2nd Circuit.
- September 2022: ADF attorneys delivered oral argument at the 2nd Circuit and explained that the federal district court’s decision should be reversed.
- July 2023: Following the Supreme Court’s ruling in 303 Creative, ADF attorneys asked the 2nd Circuit to affirm Emilee’s right to free speech.
- July 2024: The 2nd Circuit ruled that Emilee’s case may 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.
- May 2025: The district court issued an injunction halting the state from forcing Emilee to express messages that violate her beliefs.
- July 2025: ADF attorneys agreed to a settlement under which the district court ordered New York officials not to violate Emilee’s First Amendment rights and required them to pay $225,000 in attorneys’ fees.










Commentary
NY Photographer Challenges State Sexual Orientation And Gender Law That Stifles Her Artistic Freedom
Bryan Neihart
May 12, 2021