LOUISVILLE, Ky. — Louisville’s Fairness Ordinance was enacted 21 years ago to protect the LGBTQ community from discrimination, but local wedding photographer Chelsey Nelson said it's also impeding her ability to do her job.
“When the government can come in and tell you what to do, what to say, what to create, then we do not live in a free America," said Nelson.
Nelson said Louisville's decades-old Fairness Ordinance violates her constitutional rights.
"Artists should be free to choose which messages they promote," Nelson said.
Louisville was the first city in Kentucky, and one of the first cities in the entire South, to pass LGBTQ anti-discrimination laws. But those laws came into question in court Friday afternoon.
“There was no decision today," said Jon Scruggs, senior counsel at Alliance Defending Freedom.
Scruggs represents Nelson, filing a lawsuit back in November against the city of Louisville.
“We specialize in cases protecting the First Amendment," he said.
Their argument: The city’s ordinance violates the First Amendment, which protects the freedom of speech. Scruggs said the ordinance prevents Nelson from operating her business freely.
"She wants to post certain statements on her website explaining her religious beliefs, and the law does not allow that," said Scruggs.
“Really what the photographer is asking for in this case is to erode Civil Rights laws for everyone," said Chris Hartman, executive director of the Kentucky Fairness Campaign, an advocacy organization focused on preventing discrimination on the basis of sexual orientation and gender identity.
Hartman called Nelson's lawsuit a threat to what he stands for, eroding his own fight for equality.
“It’s really a dangerous attack," Hartman said. "It has always been stressful to be openly gay."
Since the ordinance passed, 20 municipalities across Kentucky have passed similar ordinances. University of Louisville law professor Sam Marcosson said the case could impact the LGBT community, but said the debate may provide some needed clarity.
“As to where a person’s religious rights end and where somebody’s right to anti-discrimination protection begins," Marcosson said.
Attorneys said U.S. District Judge Justin Walker, who is presiding over this case, could come to a decision over the next month, but that timeline could be longer.
RELATED: Kentucky leader says LGBTQ community still faces discrimination despite Supreme Court ruling
►Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. For Apple or Android users.
Have a news tip? Email assign@whas11.com, visit our Facebook page or Twitter feed.