Christian photographer wins right to discriminate against LGBTQ+ couples

A photographer represented by the anti-LGBTQ+ hate group Alliance Defending Freedom (ADF) has won the right to discriminate against LGBTQ+ couples.

Bob Updegrove, a Christian photographer, sued the state of Virginia after it passed a 2020 law adding sexual orientation and gender identity to its non-discrimination laws.

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With the help of ADF, Updegrove filed a pre-enforcement challenge, meaning that he wanted to prove the law was unjust before it even affected him. The district court dismissed this effort, but Updegrove appealed. Now, he has settled with the state of Virginia, which has promised not to enforce the anti-discrimination law for Updegrove.

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The settlement states that Virginia cannot force him to photograph same-sex weddings, cannot stop him from asking prospective clients if they are seeking to hire someone willing to photograph same-sex weddings or engagements, and cannot stop him from posting his anti-LGBTQ+ policy on his website.

The Supreme Court’s decision in 303 Creative v. Elenis was used to justify the settlement. In that case, ADF represented Christian web designer Lorie Smith. The Court ruled that Colorado’s anti-discrimination law violated Smith’s First Amendment right to freedom of speech by potentially requiring her to create wedding websites for same-sex couples in opposition to her religious beliefs.

The decision caused fear among LGBTQ+ advocates that the decision would be applied to cases like Updegroves to allow discrimination around the country – and now their fears are coming true.

In a press release celebrating its win, ADF proclaimed that Updegrove was now “free from government coercion.”

“This victory for Bob underscores how the 303 Creative decision will protect countless Americans from government censorship and coercion,” said ADF Legal Counsel Johannes Widmalm-Delphonse. “The U.S. Constitution protects his freedom to express his views as he continues to serve clients of all backgrounds and beliefs.”

ADF has been designated as a hate group by the Southern Poverty Law Center and identifies itself as a “legal organization committed to protecting religious freedom, free speech, the sanctity of life, parental rights, and God’s design for marriage and family.” The group has filed numerous lawsuits trying to turn back LGBTQ+ protections and also opposes reproductive freedom.