Settlement Reached: Virginia Wedding Photographer Upholds Freedom of Speech Rights in Same-Sex Marriage Lawsuit
In a recent development, the state of Virginia has settled a lawsuit with a wedding photographer who refused to use his business to celebrate same-sex marriage. Bob Updegrove, the Christian wedding photographer, filed the lawsuit in September 2020 against Attorney General Jason Miyares and Christine Lambrou Johnson, director of the state’s Office of Civil Rights.
According to court documents, Updegrove took legal action after a state law required him to affirm same-sex marriage in his photography business. Represented by Alliance Defending Freedom (ADF), a law firm specializing in religious freedom cases, Updegrove’s victory comes in the wake of the Supreme Court’s decision in 303 Creative LLC v. Elenis. This landmark ruling established that the government cannot compel a business owner’s speech.
Johannes Widmalm-Delphonse, counsel for ADF, emphasized the significance of this settlement for freedom of speech. Widmalm-Delphonse stated, 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. 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.
At the center of the lawsuit is the Virginia Values Act, which prohibits businesses from discriminating based on sexual orientation. Updegrove argued that this law aims to erase his belief that marriage should be between a man and a woman. He contended that being unable to publicly express this belief on his website or business social media violated his First Amendment right to freedom of expression.
Initially, a district court ruling in March 2021 did not favor Updegrove’s case, forcing him to appeal. However, in June 2023, the Supreme Court ruled that the state of Colorado could not compel a Christian web designer to create websites celebrating same-sex marriage, protecting her right to free speech. This significant Supreme Court ruling influenced the decision to settle the case in Virginia.
The court documents reveal that the state agreed to settle in order to avoid further costs and expenses of litigation. Alliance Defending Freedom commended Attorney General Miyares and his office for recognizing that state officials cannot punish individuals like Bob for exercising their First Amendment rights.
This settlement not only grants freedom of speech rights to Bob Updegrove but also sends a message about the importance of protecting the rights and beliefs of all Americans. The Supreme Court’s ruling in 303 Creative LLC v. Elenis and subsequent cases has provided a solid foundation for individuals like Updegrove to express their faith and convictions without fear of government coercion or censorship.
This victory represents a step forward in the ongoing conversation surrounding the balance between religious freedom and anti-discrimination measures. It highlights the need for a comprehensive and inclusive approach that respects the rights and dignity of all individuals involved.
Moving forward, it is essential to continue exploring ways to foster understanding and respect for varying viewpoints while upholding the principles of equality and fairness. The settlement in Virginia serves as a reminder that the right to freedom of speech is a fundamental aspect of American society that should be protected for all citizens, regardless of their beliefs or convictions.
