Kentucky photographer sues city for her religious right to refuse photographing same-sex weddings
Nov 26, 2019
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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Chelsey Nelson, a photographer from Louisville, KY claims that a Louisville law “forces” her to photograph same-sex weddings, prohibiting her from staying true to her Christian beliefs. What’s more, the law allegedly even doesn’t let her openly express her beliefs about marriage. Because of all this, she has decided to file a lawsuit against the city.
The lawsuit was filed by Alliance Defending Freedom against Louisville/Jefferson County Metro Government and the Louisville Metro Human Relations Commission. It claims that “Chelsey selects her projects and uses her skills to tell particular stories and to promote particular values.” However, she “just can’t accept” photographing anything that’s “obscene or demeaning to others.”
Chelsey wrote an article for USA Today titled “As a Christian, I shouldn’t be forced to work same-sex weddings.” She writes that marriage is so important to her, that’s she’s careful to photograph ceremonies in a way that reflects her own views of marriage. She adds that she also “can’t celebrate a wedding that devalues how seriously she takes marriage – like a heavily themed Halloween or zombie-themed wedding.” I think she’s missing out on great fun, but that’s just me.
However, the Metro Ordinance 92.05 allows Louisville to impose a fine on Chelsey if she were to refuse to work with same-sex couples. This way, the city could force the photographer to shoot same-sex weddings which she apparently stands so strongly against. “That’s a clear violation of the First Amendment where you’re allowing the government to pick and choose what people can say and what they cannot say,” said Kate Anderson of the Alliance Defending Freedom.
But there’s more. The lawsuit reads that “Louisville even makes it illegal for Chelsey to explain on her studio’s own website why she only believes in marriage between a man and a woman or why she only accepts requests consistent with this view.” If you visit her website though, her Christian beliefs are expressed all over it. But I get it; she apparently can’t openly add that, because of those beliefs, she doesn’t want to work with same-sex couples.
According to Sam Marcosson, a professor at the Brandeis School of Law, Chelsey’s suit isn’t particularly strong. “What she’s claiming is the prospect that the law could be applied has the effect of infringing on her free speech because she is afraid,” he told WHAS 11. He said that no one has filed a discrimination complaint against Chelsey yet, and that could weaken the case.
However, “for Chelsey, the choice is simple yet stark — violate the law, forsake her faith, or close her business” her lawsuit dramatically states. But I think it’s not that gloomy, perhaps she could move to Indiana if she wants to proudly and publicly refuse to photograph same-sex weddings.
Now, I’ll get serious. I think everyone should be allowed to choose their clients based on their beliefs and preferences. For example, I choose not to work (or interact) with arrogant and self-entitled people. Although, luckily, there’s no law against it. So I believe that Chelsey should also be able to choose her clients to her own will, regardless of how strongly I disagree with her beliefs.
On the other hand, people who scream about their religious and other beliefs make me cringe. Chelsey’s website already seems to be more about Jesus than about wedding photography. There are so many elegant ways to refuse clients without hurting anyone’s feelings, violating the law, or going against your own beliefs. So, in my opinion, this lawsuit is over the top. But these are just my two cents. I’d like to hear your thoughts, so feel free to share them in the comments below. If you’d like to read the full lawsuit, it can be found here.
[via WHAS 11, image credits: jgkstretty on Pixabay]
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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124 responses to “Kentucky photographer sues city for her religious right to refuse photographing same-sex weddings”
Just a publicity stunt by the photographer.
Not the smartest way to get publicity though, is it? Hey, look at me, I’m a homophobic pos!
We’re talking about Kentucky here :)
Marius Budu it’s driven a lot of traffic to her website thus bumping it up in search engines. In addition their are other couples who feel the same way she does who may now feel the need to book her to show support. So yeah a publicity stunt
Don’t know the exact scope of the law, but I think, the ramification for photographers are essentially non existing.
No one would sue a photographer to take pictures of them, if they do feel, that there is no chemistry and the photographer is not the right person to capture their precious moments. Not to mention, that no once is forced to detail the exact reasons why a job is not accepted.
My personal feeling is, that someone needs their 15 minutes of fame and spares no efforts to achieve this. Even if this means displaying their own homophobia publicly.
My final verdict: disgusting
Philipp Buchecker ask the baker who got sued
Clayton Glover You mean the baker, who won the lawsuit? The one in the UK, while we are talking US law here? Interesting … but no relevance, as you can sue anyone quite easily in the US .. so no real argument.
No, the several US bakers who were successfully sued out of business and lot their homes…..
Ok – interesting. But I do not feel sorry for them for even a split second. Homophobia must not be tolerated. Bad luck if someone has outdated beliefs and questionable values.
Philipp you are just scared to stand on your own. Because if the majority of people lean to the left because it is safer doesn’t mean its right. Society has come to the point where people are forced to accept certain ideas and principles because of the majority trying to force that onto them. Try to have your own principles and don’t get swayed by the non-thinking majority. HAHAHAHA. I’m waiting for the blast I will be getting here. Looking forward to all the cowards not agreeing with me!!!
Philipp Buchecker so…bias against liberty and law abiding private businesses ok, bias against the gay community wrong
You are one hypocritical piece of shit.
Not my problem if you tolerate homophobia and if people have been sued and lost, they obviously did something wrong and the were not so law-abiding as you say. If they were, they wouldn’t have lost the lawsuits. Quite simple. And BTW – not interested in any discussion with you any more if the only thing you can do, is insulting other people and protecting homophobic people. Good luck with your attitude in live.
“they obviously did something wrong”
right, they stuck to their religious beliefs, no matter how backwards or misguided we feel those beliefs might be, they have a right to them.
i’m a photographer, so this law says that i cannot refuse to photograph a same sex wedding, no matter what my personal thoughts on same sex marriage are.
the government is forcing me to create art under threat of violence.
i am photographing weddings at gun point.
Philipp Buchecker are you german?
i thought we taught you people years ago that just because something is the law, doesn’t make it right…..
You have serious education issues, when you compare laws against hate and discrimination to the Nazi regime. Not german BTE, but seriously disgusted by you. Blocking you know.
John W. O’Brien III no your not because any LGBQT couple would realize that YOU ARE NOT the photographer for them. Why because you wouldn’t be able to create beautiful images based on your strong religious convictions.
Yep, over the top. So ready to sue people, it’s ridiculous. And if she has a problem with that, I wonder how see feels about all those clients who are “living in sin”.
Rahim Mastafa everyone sins including Christians the only difference is the unsaved live in habitual sin while the Christian may sin but can repent and confess his/her sin and do their best to stay away from it. As for the unsaved they need to be born again and Jesus will not only save them but give them eternal life and a desire to live a better life for Him.
Carl Greer My point is, if she’s not happy with people are gay, then surely people who had sex before marriage must also not be acceptable?
Rahim Mastafa that depends on the religious stream you follow.
Kryn Sporry I suppose, but as a Christian, I’d have thought she ought to have a problem with that too
Rahim Mastafa some people don’t apply equal standards I guess.
Kryn Sporry So it seems. :-)
Rahim Mastafa you are missing the point I think. She is not saying the people who would request her services are NOT acceptable. She is saying that she cannot celebrate their “marriage” by taking the photos. This has already been litigated in several states where homosexual couples have filed suits against photographers, florists and wedding cake bakers who asked their homosexual customers to find someone else to do their CUSTOM work for them. This has gone all the way to the US Supreme Court because the homosexual couples want to force someone to do custom work for them that violated their deeply held religious beliefs. This photographer has no choice but to file this suit to find out if she is going to be subject to penalties that will destroy her business. She should not have to move to another state to protect her 1st Amendment Rights. Cases pending before US Supreme Court now should clarify soon.
Maybe if they do a lousy job…
Carl Greer so I shouldnt tell her I was never baptized as a child. I guess she will refuse that too.
Lee Steiner So someone has to pass some religious litmus test to get service? Also I think God will understand. What’s next she can’t take photos for a Muslim wedding ceremony because that would be celebrating other Gods?
Jessica Manigault It’s a can of worms
If they are getting married, they will longer be “living in sin”.
Good on her for standing up for what she believes in , there are hundreds of photographs out there , people need to man up and not be so affended because someone says no ,
Stee Green , she got offend, nobody even tried to contract with her.
Stee Green, who exactly did she say no to?
Stee Green she’s never even asked. This is simply a publicity stunt
Scott Weldon she got offended by a law that said she had no right to refuse. That seems like a perfectly good thing to take issue with.
“man up” …wow.
Oh, for sure. I agree. Totally. Im sick of all these businesses tiring under this oppresive liberal ideology, forced to provide even people of color with service at their businesses. Man up! Stop being offended! Just go to a different bar! Right? Or is this somehow different? Its no different — but I suspect somehow everybody here finds THIS wrong.
She believes in hate. No respect for that.
Stee Green Irony.
This is a free country. You can refuse work without a reason. Once you add a reason, then you’re open for lawsuits. All she had to say was she’s already booked up. Go look for another photographer. Have a nice day.
Well, sue away, that is what Americans do, isn’t it.
Where I come from, it is illegal to discriminate on race, religion, gender, age and sexual orientation – as it should be.
Angelina Wiese Devine but how did that come about? You live in Denmark I noticed. You live with 5.7 million people, less than many of our metro areas. Our society is a hodgepodge of people’s from all societies and races and religions and beliefs, unlike Denmark. It’s harder to attain one voice here, but it’s worth it in the end, even with lawsuits that eventually codify rights of Americans.
So, if a Chevrolet dealer tries to sell you a Chevrolet, you can’t discriminate because you want a Ford?
I’m sure couples wouldn’t want to book her if her views are known. So really no need for a law action
Paul Richards A visit to her website would make it clear her views. I live in Kentucky when this hit the news people were all over it.
Paul Richards she can choose to do or not do any job she likes.
At least should be able to.
Darren Manson exactly. She is being a drama queen
Darren Manson except the law imposes a fine if she turns down a same sex couple. No reason needs to be given by the photographer, the law makes the assumption that that was the reasoning. And that is what’s wrong with this.
Or want to book her for spite.
I think you are so right about this!!!
“Being Christian ” another word for saying “I’m a homophobic dick”
Darren Manson
Here myfriend butter for the ears
https://youtu.be/O2EY6urC4tg
Alexandre Ayoubi cute listen to real metal you pussy
Darren Manson ok ,any suggestions?
It’s the truth. I’m Christian. But there are Christians who use religion to treat LGBTQ people like second class citizens.
You were predicted 2000 years ago. Be afraid.
Mark 13:13
Everyone will hate you because of me, but the one who stands firm to the end will be saved.
Her Facebook page had less then 80 likes when the article hit the news. Obviously it started to go up along with traffic to her website. She hasn’t even been asked to shoot a LGBQT wedding by anyone.
The law firm is the same one who handled the county clerk who refused to issue marriage certificates to LGBQT couples when it was legalized.
She got slammed on her Facebook reviews and Facebook locked it down within 24 hours.
Sadly this looks like more of a publicity stunt then anything.
Suing the state to be officially recognized as a homophobic bigot – that’s a great way to ensure your legacy. Good for you, you total relic ?
See me again in 100 years.
Forcing a photographer is a great way to get lousy photography. I don’t see the bigotry in this at all. I see someone ensuring that they will not be forced to do something they don’t agree with. We are in a free country, not a tyranny.
Murrrrrica!
Why would you want to book a wedding Photographer to shoot a same sex Marriage with is opposed it? Find someone who loves it. The pictures will turn out way better even if the Photographer is not as talented. Its all about the mood.
Especially when it comes to creative services – get someone whose heart is in whatever project you put before them.
Nobody is trying to book her, she just wants to sue, to get the RIGHT to discriminate, and to public announce that she is opposed same-sex weddings, and that she will discriminate people of the same sex.
Then maybe the court will decide she has no standing … until someone tries to force her to do their wedding. We’ll see.
She already has that right. The government is trying to take it away from her.
If she lived in Texas she might have a chance of succeeding…
Vincent van den Burg remember the case where a cake maker refuse to make the wedding cake? She got sued and lost, there are people out there who will seek out people such people like her
Adrian J Nyaoi like a KKK approved badge?
Adrian J Nyaoi the difference is she hasn’t been asked. When it comes to wedding photography couples want the best they can afford, the suits their style. They also want someone they feel comfortable with, so she has nothing to worry about
Except that the left is trying to eliminate people who don’t agree with them. As Ayn Rand said:
“Money is the barometer of a society’s virtue, but when you see that in order to produce it, you need to obtain permission from those who produce nothing, you will know that your society is doomed.”
They do it on purpose! They seek out businesses to exploit them for personal reasons.
What an idiot
I spent quite some time on https://statelaws.findlaw.com/kentucky-law.html in a futile attempt to understand, how Kentucky state laws could impede freedom of speech (there is nothing offensive about expressing one’s concerns that same-sex weddings do not play well with Christianity – especially Roman Catholicism which clearly states that even homosexuality is “against God’s will”, as homophobic and anachronistic as it might sound) or freedom of contract, given the contract is not immoral, ursury or anti-competitive.
Until Chelsey Nelson – who, according to her homepage, seems to be an ordinary freelance photographer who can say “no” to any contract offer made – clearly points out what is “forcing her to do same-sex weddings” (as she is quoted by USA Today which is the original source) or why she can’t express her religious beliefs, it just sounds like the pretentious whining of a *sic* “blogger” in lack of publicity to me.
Perhaps someone more knowledgeable in legal matters can explain the background and why/how a lawsuit against Louisville will change the situation – if there is something to be changed at all. Thank you.
“Christian” beliefs my ass. She’s just a f*cking bigot.
Just trying to not cooperate with someone else’s bad decisions.
Romans 1:26
Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones.
Romans 1:27
In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.
So she’s a bigot because she doesn’t want to photograph a gay wedding??? We live in a country where the Gestapo can’t force citizens to do something that is against their beliefs. Any time someone doesn’t agree with liberal political correctness, they are automatically labeled a bigot or a racist. That is the real BS of this story. And of course it’s the lefties here who are contributing the foul language and insults. Typical.
“Gestapo”
Grow the fuck up.
Those couples have the right to get married. The photographer ALSO has the right not to like it and to not want to be involved. That’s kinda how freedom works(allowing rights for one group while not allowing them for another isn’t freedom. It’s oppression) It would be different if the photographer was trying to prevent them from getting married, but that isn’t what’s happening. They just don’t want any part of it, and are opposed to being told they no choice(the imposition of a putative fine if they don’t amounts to the same thing). If they don’t want to be involved, then they have the right not to be involved.
Vincent Cyr no one has asked her and if they were to go to her website they wouldn’t based on her strong Christian marriage stance on her website.
Vincent Cyr well said ,
Melanie Ayers Wells as the artical says she is sueing the city for forcing her to photograph something she does not want to
Melanie Ayers Wells but if she were to refuse to shoot a same sex wedding, she will have to pay a punitive fine. The government is basically stepping in and saying she ISN’T ALLOWED to have a viewpoint or beliefs that they don’t like, and they are willing to punish people that don’t toe the line. As long as she isn’t actually infringing their right to marry, she has EVERY RIGHT not to like it and to not get involved. It’s not like there isn’t other photographers. Punishing someone for not wanting to take part in it is WRONG, plain and simple.
Collin Lalley so it’s ok in your mind for a government to take punitive action to suppress a unpopular way of thinking and enforce conformation to an “acceptable” standard? Does this sound familiar to anyone else?
You can’t claim freedom of belief and then start picking and choosing what beliefs you will allow. As long as the photographer(or cake maker, or whatever) is not infringing on the other party’s rights(in this case, that would be acting to prevent them from getting married), the they have done nothing wrong, and penalizing them is oppressive, clear and simple.
Vincent Cyr So if a photographer has a religious belief that they shouldn’t participate in a muslim wedding would that be okay? Or what if the photographer have a personal belief against interracial marriage. Look if you believe in God. I think God understands that this a job and not your personal beliefs.
If you can stop puking long enough to perform…
Yes, to all of the above. No one should be forced to do something that they do not want to do. That is called freedom. Find a more willing photographer. Period.
Jessica Manigault as long as they don’t actually infringe on someone else’s right, there is nothing immoral or unjust about them not agreeing with it and choosing not to take part. You may not like if someone has different views than yours, but unless their actions are affecting you, it’s just something you need to accept. Your freedom does not negate theirs. Forcing them by law to take part or be penalized in something their beliefs tell them not to IS wrong.
Nothing like a little preemptive bigotry.
I don’t know what’s so hard about this— you can not refuse to work with someone based on gender, age, race, sexual orientation, religion, etc.
You can, however, refuse to work with someone that you don’t mesh with creatively, can’t/won’t pay you your fee, is extremely difficult or belligerent.
This lawsuit screams “oh, I’m a bigot and I don’t care if the world knows it.”
im so insecure i need a laywer and a spelling check $$
Seriously … if you’re going to have a wedding, do you want someone photographing it or catering it, who is mad at you because you’ve forced them to do something they don’t want to do?
I would rather know up front that someone doesn’t want to photograph my wedding. There are plenty of other photographers to choose from.
Not over the top if it’s a mater of law, and that important to her. The suit is for rights not money.
Would you all defend her right not to photograph any group of people? If her religious beliefs were that she doesn’t photograph African Americans or Asian Americans would you defend it? Or it it just the LGBTQ Americans you’re ok with being discriminated against?
Her right to refuse to photograph anyone. If she doesn’t want to take your picture, then she doesn’t have to. The lgbbbtqqq party can say and do anything to anyone and you support them and their “beliefs”. If she doesn’t want to take my picture, then I will find someone else to do it. The lgbbbtqqq will sue her and try to bankrupt her with legal fees. You have seen it all before.
Looks like she’s virtue signaling on the account of her beliefs. She could simply state on her website that she has no experience in photographing same sex marriages, was not trained to do that, and doesn’t know hiw to do that. Unless shes given a quote on how many of those marriages she must photograph per season? Also, clients normally ask if you are experienced in same sex weddings. I’m asked all the time.
Sergi Yavorski exactly, when I’ve been contacted they are upfront that they are a same sex couple and ask do I have experience with same sex weddings
Cool… That’s means since I’m a heathen I can refuse Christians any service and possibly start sue churches for maybe thinking about hiring me…
She’s an idiot.
You couldn’t sue on the basis that they might hire you, but if the State passes a law stating that you no longer have the right to refuse if you are asked, that would be wrong, and that is kinda exactly what is happening here. Thus the lawsuit.
What if they want to hire you and if you refuse, you can be fined.
I don’t care if a couple is the same sex, if they are “living in sin”, or what race or religion they are, their money is still good with me and if they are willing to book with me, I will not say no.
Definitely over the top. And pointless. Unless they’re after money. But that would just result in people declining work without specifying why.
Let’s be clear. No one even tried to contract her. This is a pathetic publicity stunt, nothing more.
Who started all this suing anyway. Lol
So who’s actually FORCING her??
I very much dislike religion but she has every right to not shoot a wedding if she doesn’t want to.
well then, don’t take pics of things you don’t like! no one can make take a pic of something you don’t like (well, maybe for the right price. f’n litigious morons.
Shitty as it may be…she runs a private business, she has the right to refuse. Reputation will take its own course
Drew Lees Yeah, same stuff racist restaurant owners used to say to black people wanting to eat at restaurants. Also where has she been for the past ten years to not know that she may have gay clientele? It’s the wedding biz.
Jessica Manigault Didn’t say it was right from a morality standpoint. Like I said, when business owners do this they ruin their own reputation. Legal as it may be they are only harming themselves in the long run
Or not. Like Chick-fil-A?
I get such a kick out of these things. It is like kids rebelling against their parents. The parents know what is best, but the kids are sure they are smarter.
Attention whoring?
Exactly.
Bullshit story, first as photographer you just ended your career. Second no one can force any artist to take on any client.
Another idiot brain washed by church
Another idiot brainwashed by liberal political correctness!
Really? This is some narcissistic crap. First of all I think God understands the difference between a job and a personal belief. What’s next? Are you going to refuse service to a couple that worship a different God than you? Also hate to burst your bubble but gay people are citizens of this country and have basic civil rights.
Your ‘right’ to swing your arms ends in proximity to my nose.
Well done Chelsey Nelson! Standing up for what you believe in!!
Whatever happened to the posting, “We reserve the right to refuse service to anyone.”
Here we go with the political correctness of not “hurting anyone’s feelings.” Waaaaa. What about her feelings??? Why would a gay couple want to engage with a photographer, no matter how talented, to photograph their “wedding” if the photographer is morally opposed to their ceremony (as a Catholic, I completely agree with Chelsey)? Would it not be better to just find a photographer that is more sympathetic with your views/lifestyle? You will get far better photography than from a photographer that is forced to do it begrudgingly. Sometimes I think they do this simply to make a point and get public attention (and the money from the law suit). This is one of the many reasons why I do not photograph weddings.
What if vegan restaurants were fined for not serving meat?
I can see both sides of this but I don’t understand why the photographer should pay a fine for choosing her clients. Photographers will turn down work all the time if it doesn’t benefit their portfolio. They may have nothing personal against the client, it’s just not a good match.
Meanwhile, government-protected terrorist groups like the KKK can spout all kinds of hatred toward certain groups of people and nothing is done about that.
It’s sad that Photography accepted this bigoted and anti-freedom commentary from Dunja Djudjic. Feminists see themselves as virtuous, but the reverse in true. So-called local Human Relations Commissions are nothing but kangaroo courts set up to circumvent established laws and America’s cultural heritage. The explanation of what’s going on here is complex. To understand what’s going on, read…
https://uploads.disquscdn.com/images/d639cbb881087ddb9e1901c0c4b9a7b8c4ce9fa3cb53cf94010dc8da5e693202.jpg
It’s the bride and grooms STORY! Not some girl with a camera’s story! By putting this ‘out there’, she is only advertising her beliefs – not those of her clients! So, why is that NOT prejudiced?
Who the hell does she think she is? Just say “NO”!