Second Circuit – Free Exercise Clause: Carpenter v. James

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United States Court of Appeals for the Second Circuit

Free Exercise Clause

NYS Public Accommodations Law – Gay weddings

Carpenter v. James

22-75

Judges Carney, Bianco, and Nathan

Background: The plaintiff is a wedding photographer who offers her services to the general public but she wishes to create photography that reflects her religious and personal beliefs about marriage, which includes declining to offer her serves for same-sex weddings. She commenced a pre-enforcement action alleging that New York’s public accommodations law prohibiting discrimination on the basis of sexual orientation violate the First and Fourteenth Amendment. She appeals from the dismissal of her claims.

Ruling: The Second Circuit affirmed in part and vacated in part. The court held that, pursuant to 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), the plaintiff met her burden stating a plausible free speech claim. However, she failed to demonstrate that the public accommodations laws violate her right to free association, her right to free exercise of religion, or the Establishment Clause.

Bryan D. Neihart, of the Alliance Defending Freedom, Raymond J. Dague, of Dague & Martin, for the plaintiffs-appellants; Jeffrey W. Lang, of the NYS Office of the Attorney General, M. Hyder Hussain, of Chemung County Department of Law, for the defendants-appellees.

Oral argument audio