In Carpenter v. James, (WD NY, May 22, 2025), a New York federal district court granted a preliminary injunction to a wedding photographer who objects to same-sex marriage, enjoining enforcement against her of provisions of New York's public accommodation law that would require her to offer her services for same-sex engagements and weddings and would prevent her from posting her policies on social media. The court said in part:
In light of the Supreme Court’s binding precedent in 303 Creative, and for the reasons discussed below, Plaintiff’s motion is GRANTED. The Court will issue a narrow injunction barring Defendants from applying New York’s public accommodation laws “peculiarly to compel expressive activity” with which Plaintiff disagrees.... Beyond that “peculiar” circumstance, however, Plaintiff remains fully obligated to comply with New York’s public accommodation laws, and she remains subject to all remedies and penalties for their violation. Conversely, except to the limited extent directed herein, New York’s public officials remain fully empowered to police the public marketplace to ensure that “gay couples [are not] treated as social outcasts . . . inferior in dignity and worth.”
The case was on remand from the Second Circuit. (See prior posting.)
