LOUISVILLE, Ky. — Kentucky's attorney general wants Louisville's mayor to drop a challenge his predecessor issued in a case involving a local photographer.
When photographer Chelsey Nelson originally sued Louisville Metro Government over its Fairness Ordinance, she claimed the ordinance would force her to photograph and write about same-sex weddings, something she said goes against her religious beliefs and prevented her from operating her business freely.
The ordinance protects the LGBTQ+ community from discrimination in employment, housing and public accommodations.
Nelson said while no same-sex couples had come to her for her services, she wanted to preemptively protect herself.
"It's really hard to try to grow your business and be an entrepreneur and be in a creative mind space. When you feel as though 'Oh, I could get a fee slammed on me at any moment or have requests at any moment.' That Louisville will just go on to pounce on me," she said.
Nelson's attorney in the case, John Scruggs, senior counsel at Alliance Defending Freedom, previously said it all revolved around free speech.
Bryan Neihart, legal counsel at Alliance Defending Freedom, told WHAS11 News that "artists should be free to create messages consistent with their beliefs."
"The same freedoms that protect Chelsea protect the LGBT photographer, protect the democratic speech writer who might decline to create a speech for a Republican candidate, and many other examples, but the key distinction is that Chelsea's decisions are always turned on the what, what message she's being asked to create and not the who, who's requesting her messages," he said.
In a 2022 ruling, District Judge Benjamin Beaton agreed a provision of the ordinance does violate Nelson’s freedom of religion, supporting her claim.
He also wrote the city may not compel Nelson to photograph same-sex wedding ceremonies. Former Mayor Greg Fischer appealed the decision.
In light of a recent decision made by the Supreme Court, Attorney General and gubernatorial candidate Daniel Cameron called on Mayor Craig Greenberg to drop the lawsuit.
"I call on you to change course and to uphold a bedrock of our democracy—the right of every American, every Kentuckian, and every Louisvillian to speak according to his or her conscience," Cameron said.
In a statement, Greenberg said the city will continue to defend the Fairness Ordinance:
For decades, the Louisville Fairness Ordinance has expressed the will of our community and it enshrines our commitment to ensuring every member of our diverse city is treated with respect and dignity. In short, it offers protections for every person in Louisville to be full and complete citizens. The arguments against the Fairness Ordinance and against treating all citizens with respect are not new – they are tired and old arguments from a past that most of us are happy to leave behind. The City of Louisville will continue to defend the Fairness Ordinance and continue working to be an inclusive city where everyone is welcome.
Arguments for the case are scheduled for July 28.
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