A Christian photographer who does not wish to provide services to same-sex weddings has reached a large settlement after more than six years of litigation over a non-discrimination provision in a local law she feared would force her to violate her deeply held convictions.

The city of Louisville, Kentucky, has agreed to pay A$1.2 million in legal fees as part of a settlement with photographer Chelsey Nelson.

The settlement comes six months after the US federal court sided with Ms. Nelson in her challenge to the city’s prohibition on discrimination based on sexual orientation and gender identity.

PHOTOGRAPHER’S LEGAL VICTORY FOR FREE SPEECH

In a victory for free speech, the ederal court has found the Louisville council was accountable for violating the First Amendment rights of the Christian wedding photographer and blogger.

The ruling protected Chelsey Nelson’s right to refuse requests to photograph same-sex weddings because of her religious beliefs — and to freely advise potential clients that was her policy.

Ms. Nelson believes that marriage is between one man and one woman.

For this reason, she does not cover same-sex weddings, because doing so would express a message about marriage that goes against her core beliefs.

KENTUCKY CITY TRIED TO FORCE CHELSEY NELSON TO COVER SAME-SEX WEDDINGS

Louisville officials tried to misuse one of the city’s laws to force Chelsey Nelson to photograph same-sex weddings, if she also photographs weddings between a man and a woman.

While researching ways to grow her business, she learned that the officials interpreted the city’s public accommodation law to compel business owners to violate their beliefs.

She saw news reports about other creative professionals in Kentucky and across the country being sued and threatened with severe penalties for declining to celebrate or participate in same-sex wedding ceremonies.

Louisville also made it illegal for Ms. Nelson to explain on her studio’s own website why she only believes in marriage between a man and a woman, and why she only accepts requests consistent with this view.

That left her with an impossible choice: Violate the law, forsake her faith, or close her business.

PHOTOGRAPHER FIRST SUED CITY OF LOUISVILLE IN 2019

All three choices were unacceptable to Ms. Nelson, so she filed a lawsuit in November 2019 with the help of Alliance Defending Freedom (ADF).

Nearly six years later, she emerged the victor.

Throughout her legal ordeal, the courts kept a permanent injunction in place that prevented Louisville from enforcing its law against Ms. Nelson.

The federal court also ordered that the city pay the wedding photographer undisclosed nominal damages for restricting her speech.

Nominal damages are a type of compensation that remedy past harm, prevent future misconduct, and vindicate constitutional freedoms.

‘FIRST AMENDMENT OF US CONSTITUTION PROTECTS FREE SPEECH”

“Free speech is for everyone,” declared ADF Senior Counsel Bryan Neihart following the federal court’s decision.

“For over five years, Louisville officials said they could force Chelsey to promote views about marriage that violated her religious beliefs.”

“But the First Amendment leaves decisions about what to say with the people, not the government.”

“The district court’s decisions rests on this bedrock First Amendment principle and builds on the victory in 303 Creative.”

DECISION IMPACTED BY RECENT U.S. SUPREME COURT JUDGEMENT

Nearly three years ago, America’s highest court, the US Supreme Court ruled in the 303 Creative case that Americans have the freedom to express and create messages that align with their beliefs, without fear of government punishment.

Its judgement found that the state of Colorado could not use a law similar to the Louisville one, to force Christian web designer Lorie Smith to violate her beliefs about marriage by compelling her to cater for same-sex weddings.

Chelsey Nelson reacted to the federal court ruling by saying: “The government can’t force Americans to say things they don’t believe, and state officials have paid, and will continue to pay, a price when they violate this foundational freedom.”

“The freedom to speak without fear of censorship is a God-given constitutionally guaranteed right.”

IMPORTANT PRECEDENT FOR PROTECTION OF FREE SPEECH IN U.S.

“I’m grateful for my legal team at Alliance Defending Freedom that brought my case to victory not only for me, but for every other artist in Louisville,” she added.

ADF wrote: “Thankfully, more courts seem to be rejecting the idea that Americans can be censored or compelled to speak certain messages about important issues like marriage.”

“Chelsey’s victory in this case and Lorie’s win in the 303 Creative case both provide important protections for free speech and religious liberty.”

HOW CHELSEY NELSON TURNED A TRAGEDY INTO A CAREER

Chelsey Nelson is a photographer and owner of her own eponymous studio, who discovered her passion for photography as a young girl when God used a difficult circumstance to create something new.

When she was just seven years old, a tornado badly damaged her family’s home, throwing her childhood into turmoil.

They had to move in with another family from their church, and Chelsey spent hours looking through the family’s photo albums.

CHELSEY USES THE POWER OF PHOTOGRAPHY TO CELEBRATE MOMENTOUS MILESTONES

It was through this experience that she realised the power of photography and her own desire to use it to help others celebrate important moments in their lives.

Chelsey Nelson uses her skills to celebrate one of the most meaningful moments of her clients’ lives: their wedding day.

She photographs and blogs about all her clients to truly capture the unique personalities of every couple.

WHY THE NELSON CASE DRAGGED ON FOR SO LONG?

Her litigation against Louisville dragged on for more than six years.

While the federal court first ruled in Nelson’s favor in 2022 by prohibiting the city from enforcing the nondiscrimination law against her, it denied her request for nominal damages.

This prompted her to appeal the decision to an Appeals Court, while the city simultaneously appealed the ruling.

US SUPREME COURT DECISION WAS A GAME CHANGER

In 2023,  the US Supreme Court’s issued the landmark 303 Creative ruling, prohibiting states from using “expressive activity to compel speech.”

It became a binding precedent in religious liberty cases and prompted the Appeals Court to remand Ms. Nelson’s case to the district court for further proceedings.

Two years later, the federal court upheld its previous ruling in favour of the photographer while awarding her nominal damages.

Now that Chelsey Nelson has received her nominal damages and the city has agreed to pay the legal fees on top of that, her litigation against Louisville has finally come to a successful end. 

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