LOUISVILLE, Ky. — A federal judge has sided with a Louisville photographer who challenged the city’s Fairness Ordinance, a major decision in a controversial three-year legal process.
The lawsuit was filed in 2019 on behalf of Chelsey Nelson, a wedding photographer and blogger. She believed Louisville Metro’s Ordinance would force her to photograph and write about same-sex weddings, something she said goes against her religious beliefs and prevents her from operating her business freely.
In an order filed Tuesday, District Judge Benjamin Beaton agreed a provision of the ordinance does violate Nelson’s freedom of religion, supporting her claim. He also writes the city may not compel Nelson to photograph same-sex wedding ceremonies.
On Wednesday, Nelson spoke to WHAS11 for the first time since the lawsuit was filed, saying she's relieved.
"Now, I'm free to have statements on my website about the work that I'm able and willing to do [and] the messages that I can communicate," she said. "This is a win for every creative in the entire nation, whether or not they align with my beliefs or have very very different views from what I believe in. We're just excited to move forward."
Nelson has received major backlash over the last three years, in the form of hundreds upon hundreds of comments on social media.
On Wednesday, her attorney John Scruggs, senior counsel at Alliance Defending Freedom, said this all circles around freedom of speech.
"No one should be forced to say what they don't believe in, and the court said that loudly and clearly," he said.
Meanwhile, Executive Director of the Fairness Campaign Chris Hartman said the ruling takes direct aim at civil rights for everyone.
"We don't want to see any parts of the Fairness Ordinance not be able to be enforced," Hartman said. "I believe the city of Louisville is going to appeal this case. They should absolutely appeal this case."
The city's Fairness Ordinance has been around for more than two decades. It protects the LGBTQ community from discrimination in areas of employment, housing and public accommodations.
Hartman worries about the precedent this ruling sets, and where the line is drawn.
"I mean, at what point does it stop? Will photographers be able to put on their website that they won't photograph interracial marriages?" he said.
Louisville Mayor Greg Fischer, who cited the city being one of the first in the south to pass a Fairness Ordinance, called the ruling “disappointing.”
“We are a city of compassion and we appreciate the many ways our LGBTQ+ family contributes to our diverse community. Louisville Metro Government will continue to enforce to the fullest extent possible its ordinance prohibiting anti-discriminatory practices and will fight against discrimination in any form,” he said.
Fischer said they are evaluating the ruling with their counsel and will likely appeal the decision. No timeline has been set for how long it'll take for the city to make that choice.
University of Louisville constitutional law professor Sam Marcosson believes that if the ruling is upheld, it'll be the next case following this one that'll determine the level of impact on precedent, and how broad courts allow businesses to be on claims for exemption moving forward.
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