Hate Group Wins Case For Anti-LGBTQ Photographer

November 6, 2023 Christianists, Hate Groups

Via press release from Alliance Defending Freedom:

Following the U.S. Supreme Court’s recent decision in 303 Creative v. Elenis, an Alliance Defending Freedom case that affirmed free speech for all Americans, ADF attorneys have successfully settled a lawsuit on behalf of a Virginia photographer. As part of the settlement, Virginia officials agreed that Bob Updegrove is free to create wedding photography consistent with his beliefs, as protected by the First Amendment.

“Free speech is for everyone. As the Supreme Court recently affirmed in 303 Creative, the government can’t force Americans to say things they don’t believe,” said ADF Legal Counsel Johannes Widmalm-Delphonse. “This victory for Bob underscores how the 303 Creative decision will protect countless Americans from government censorship and coercion. The U.S. Constitution protects his freedom to express his views as he continues to serve clients of all backgrounds and beliefs.”

The Christian Post reports:

Updegrove filed a lawsuit against Virginia over a law that took effect in 2020 that expanded state anti-discrimination rules to include sexual orientation and gender identity. Shortly after the Act was passed, it became the subject of multiple lawsuits, with church and ministry groups arguing that the new legislation lacked sufficient religious protections.

For his part, Updegrove filed a “pre-enforcement” challenge against the Act, arguing that the new law would force him to go against his belief that marriage is exclusively the union of one man and one woman.

In March 2021, U.S. District Court Judge Claude M. Hilton ruled against Updegrove, arguing that he lacked the standing to sue since the act “has never been enforced against” him. “In the almost nine months since the statute became effective, no complaint has been filed under the statute,” wrote Hilton, a Reagan appointee, at the time.

Photo: ADF General Counsel Kristen Waggoner. Per the ADF, the photographer is now free to stipulate “no LGBTQs” in his marketing, contrary to the Virginia law cited above.

As is the ADF’s practice in multiple states, including the case won earlier this year before the Supreme Court, this photographer was never asked and therefore never denied service to any LGBTQ couple. Hence the “pre-enforcement” challenge.

It’s believed that in some cases, the ADF itself helps create the company in order to have standing in a jurisdiction.

House Speaker Mike Johnson argued on ADF’s behalf to the Supreme Court that homosexuality should be criminalized. The ADF has provided free legal support to anti-LGBTQ groups in multiple countries seeking to retain or worsen such laws.



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