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27 Mar

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Louisville, Kentucky will cover the legal fees for a photographer who argued its LGBTQ+ non-discrimination law violated her religious freedom, ending a years-long legal battle.

US City to Pay €740,000 to Photographer Who Sued to Refuse Same-Sex Weddings

US City to Pay €740,000 to Photographer Who Sued to Refuse Same-Sex Weddings featured image

LOUISVILLE, USA – The city of Louisville in Kentucky has agreed to a settlement of $800,000 (approximately €740,000) to cover the legal fees of a wedding photographer who successfully challenged the city's LGBTQ+ anti-discrimination ordinance. The case, which began in 2019, concludes a protracted legal dispute that highlights an ongoing conflict in the United States between civil rights protections and claims of religious freedom.

At the center of the lawsuit was Chelsey Nelson, a photographer who argued that Louisville's "Fairness Ordinance" violated her First Amendment rights under the U.S. Constitution. The ordinance, enacted in 1999, prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations—a common form of legal protection for LGBTQ+ individuals in many American cities and European countries.

The Heart of the Dispute

Nelson, a Christian, stated that the law could compel her to photograph same-sex weddings, which she claimed would go against her religious beliefs about marriage. She also argued it would prevent her from publishing her views on her business website. Her case was taken up by the Alliance Defending Freedom (ADF), a prominent conservative Christian legal advocacy group known for litigating similar cases across the country.

A U.S. District Court judge had previously ruled in Nelson's favour, issuing a permanent injunction that prevents the city from enforcing the non-discrimination law against her. The court also awarded her a symbolic $1 in damages. This latest development resolves the final piece of the litigation: the substantial attorney fees accrued by the ADF.

A Costly Outcome for the City

In a statement, ADF Senior Counsel Bryan Neihart said, "The government cannot force Americans to say things they don’t believe... This settlement should teach Louisville that violating the U.S. Constitution can be expensive."

The office of Louisville's mayor, Craig Greenberg, confirmed the settlement was for attorney fees only. "We are committed to fully enforcing Louisville's anti-discrimination ordinances, including the Fairness Ordinance, which bans discrimination against LGBTQ people," a spokesperson stated, indicating the city will continue to apply the law in other cases.

Part of a National Trend

This case is not an isolated event. It reflects a broader, well-funded legal strategy in the U.S. aimed at establishing religious exemptions to civil rights laws. The Alliance Defending Freedom was also instrumental in the 2023 Supreme Court case 303 Creative LLC v. Elenis, which granted a Christian web designer the right to refuse to create wedding websites for same-sex couples.

While this settlement ends the legal fight for Chelsey Nelson, it underscores the significant financial and legal challenges cities can face when defending inclusive non-discrimination policies against such targeted lawsuits.

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