April 25, 2024

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April 25, 2024

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Christian Wedding Photographer Can’t Limit Her Business to Opposite-Sex Couples, New York Federal Court Rules

Social engineering by courts in the name of “equality” has once again reared its ugly head, this time in New York. Emilee Carpenter is a wedding photographer and a Christian who wants to use her creative skills to promote biblical marriages between one man and one woman. A New York law stands in her way, threatening a revocation of her business license, fines of up to $100,000 and up to one year in jail if she does not photograph weddings of same-sex couples in violation of her faith.

A federal court judge has denied Carpenter’s First Amendment challenge to the law, invoking flowery language from the Declaration of Independence and famous civil rights cases to justify the denial of her freedoms of speech and religion.

“Throughout our history, Americans have struggled and suffered in order to extend that principle of equality to the excluded, armed with the belief that our society should fully reflect our most cherished values,” U.S. District Judge Frank Geraci, Jr wrote in his 46-page opinion. “The Supreme Court’s landmark decisions memorialize the necessary, but oftentimes painful, process of reconciling our values and our practices.”

But what about the Constitution’s guarantees of religious freedom and freedom of speech? And being free from government-coerced speech? Don’t those guarantees trump the feelings of folks who can easily find another photographer among the thousands available?

Carpenter simply wants to inform people on her website of her beliefs about marriage so that they’ll understand why she cannot use her skills to promote types of unions that go contrary to her faith. She’ll gladly offer her photography services to LGBT customers so long as they are not for a wedding.

The law prohibits that as well, the judge said.

“In this case, Plaintiff seeks to post a statement advertising the fact that she will not photograph same-sex weddings, and she wishes to make similar statements directly to prospective clients,” Geraci wrote.  “But it is unlawful for Plaintiff to discriminate on that basis, so New York may permissibly prohibit Plaintiff from advertising that ‘unlawful activity.’”

Carpenter is represented by attorneys with Alliance Defending Freedom (ADF), who are also representing a Denver wedding photographer named Lorie Smith, doing business as 303 Creative LLC, in an almost identical predicament resulting from a Colorado nondiscrimination law.  The Denver case has now been appealed to the United States Supreme Court, which has not yet decided whether to accept it for hearing or not.

In a press release, ADF Senior Counsel Jonathan Scruggs drew parallels between the two cases.

“The court’s decision continues down a dangerous path of the government compelling artists to speak messages that violate their religious beliefs—or imposing steep fines, closing their businesses, or throwing them in jail,” said Scruggs. “Artists like Emilee and Lorie Smith in Colorado are protected under the Constitution to freely live and work according to their religious beliefs.

Yet the 10th Circuit’s Orwellian decision in 303 Creative v. Elenis opened the door for government officials to compel all manner of speech—forcing total compliance of state-approved speech or be treated as criminals. Emilee and Lorie happily serve all people; they just cannot promote messages that contradict their religious beliefs, including their views on marriage. We earnestly hope the Supreme Court will hear Lorie’s case and protect the constitutional freedoms for all Americans, including creative professionals like Lorie and Emilee.”

Both of these cases involving photographers pick up where the limited scope of the Supreme Court’s opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission left off. Masterpieceheld that hostility from the Commission violated baker Jack Phillips’ freedom of religion, but it did not rule on Jack’s rights under the First Amendment to choose what messages he desired to promote with his creative talents.

If the Supreme Court chooses to accept 303 Creative, hopefully we’ll see a decision that protects wedding photographers like Lorie Smith and Emilee Carpenter and other Christians in the creative world against government-compelled behavior and speech that tramples First Amendment freedoms while masquerading as “equality.”


HD Editor’s Note: Why Is This News Biblically Relevant?

On her website Carpenter states her belief that a union between a man and woman in marriage is “a picture of the gospel.”

“I believe that marriage is a picture of the gospel and demonstrates the redemptive love of Jesus Christ, who willingly gave Himself up for us by going to the cross, paying the debt for our sins, and paving a way for us to be united with Him” she explained. “He died to His own interests, looking to our own needs, and painted a picture of sacrificial love in action.”

Discussing the opposition to her Biblically led conscience, she stated in 2019 that “the state shouldn’t be able to silence or punish” her “for living out” her convictions.

“I serve clients from all backgrounds, but the government is attempting to tell me what to do, what to say, and what to create based on its beliefs, not mine,” she asserted. “Free speech protects everyone. Photographers and other artists should be able to choose the stories they tell.”

In Titus chapter 2, the apostle Paul, speaking about servants (or modern-day employees) instructs believers to obedient, hard-working, and reserved. However, Paul emphasized that these things were not to come at the expense of “fedelity,” meaning their conviction of truth and faithfulness to Biblical teachings.

Titus‬ ‭2:9-10‬ ‭KJV‬‬ – “Exhort servants to be obedient unto their own masters, and to please them well in all things; not answering again; not purloining, but shewing all good fidelity; that they may adorn the doctrine of God our Saviour in all things.” (emphasis added)

In 2 Timothy 3:12, we are told that in the last days, persecution would come upon all who “live godly in Christ.” In other words, those who live by the Biblical and godly standards outlined in God’s word, which run contrary to the world.

In Romans chapter one, Paul warns against the sin of homosexuality and, more specifically, the celebration of it as a rebellion against God.

It is this reprobate mind that our society has fallen into, not in the celebration of sins alone (such as homosexuality, abortion, etc.) but also the attempt to force everyone, no matter their convictions, to celebrate and/or participate in such sins. In so doing, society brazenly disregards and violates religious freedom and freedom of conscience.

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Social engineering by courts in the name of “equality” has once again reared its ugly head, this time in New York. Emilee Carpenter is a wedding photographer and a Christian who wants to use her creative skills to promote biblical marriages between one man and one woman. A New York law stands in her way, threatening a revocation of her business license, fines of up to $100,000 and up to one year in jail if she does not photograph weddings of same-sex couples in violation of her faith.

A federal court judge has denied Carpenter’s First Amendment challenge to the law, invoking flowery language from the Declaration of Independence and famous civil rights cases to justify the denial of her freedoms of speech and religion.

“Throughout our history, Americans have struggled and suffered in order to extend that principle of equality to the excluded, armed with the belief that our society should fully reflect our most cherished values,” U.S. District Judge Frank Geraci, Jr wrote in his 46-page opinion. “The Supreme Court’s landmark decisions memorialize the necessary, but oftentimes painful, process of reconciling our values and our practices.”

But what about the Constitution’s guarantees of religious freedom and freedom of speech? And being free from government-coerced speech? Don’t those guarantees trump the feelings of folks who can easily find another photographer among the thousands available?

Carpenter simply wants to inform people on her website of her beliefs about marriage so that they’ll understand why she cannot use her skills to promote types of unions that go contrary to her faith. She’ll gladly offer her photography services to LGBT customers so long as they are not for a wedding.

The law prohibits that as well, the judge said.

“In this case, Plaintiff seeks to post a statement advertising the fact that she will not photograph same-sex weddings, and she wishes to make similar statements directly to prospective clients,” Geraci wrote.  “But it is unlawful for Plaintiff to discriminate on that basis, so New York may permissibly prohibit Plaintiff from advertising that ‘unlawful activity.’”

Carpenter is represented by attorneys with Alliance Defending Freedom (ADF), who are also representing a Denver wedding photographer named Lorie Smith, doing business as 303 Creative LLC, in an almost identical predicament resulting from a Colorado nondiscrimination law.  The Denver case has now been appealed to the United States Supreme Court, which has not yet decided whether to accept it for hearing or not.

In a press release, ADF Senior Counsel Jonathan Scruggs drew parallels between the two cases.

“The court’s decision continues down a dangerous path of the government compelling artists to speak messages that violate their religious beliefs—or imposing steep fines, closing their businesses, or throwing them in jail,” said Scruggs. “Artists like Emilee and Lorie Smith in Colorado are protected under the Constitution to freely live and work according to their religious beliefs.

Yet the 10th Circuit’s Orwellian decision in 303 Creative v. Elenis opened the door for government officials to compel all manner of speech—forcing total compliance of state-approved speech or be treated as criminals. Emilee and Lorie happily serve all people; they just cannot promote messages that contradict their religious beliefs, including their views on marriage. We earnestly hope the Supreme Court will hear Lorie’s case and protect the constitutional freedoms for all Americans, including creative professionals like Lorie and Emilee.”

Both of these cases involving photographers pick up where the limited scope of the Supreme Court’s opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission left off. Masterpieceheld that hostility from the Commission violated baker Jack Phillips’ freedom of religion, but it did not rule on Jack’s rights under the First Amendment to choose what messages he desired to promote with his creative talents.

If the Supreme Court chooses to accept 303 Creative, hopefully we’ll see a decision that protects wedding photographers like Lorie Smith and Emilee Carpenter and other Christians in the creative world against government-compelled behavior and speech that tramples First Amendment freedoms while masquerading as “equality.”


HD Editor’s Note: Why Is This News Biblically Relevant?

On her website Carpenter states her belief that a union between a man and woman in marriage is “a picture of the gospel.”

“I believe that marriage is a picture of the gospel and demonstrates the redemptive love of Jesus Christ, who willingly gave Himself up for us by going to the cross, paying the debt for our sins, and paving a way for us to be united with Him” she explained. “He died to His own interests, looking to our own needs, and painted a picture of sacrificial love in action.”

Discussing the opposition to her Biblically led conscience, she stated in 2019 that “the state shouldn’t be able to silence or punish” her “for living out” her convictions.

“I serve clients from all backgrounds, but the government is attempting to tell me what to do, what to say, and what to create based on its beliefs, not mine,” she asserted. “Free speech protects everyone. Photographers and other artists should be able to choose the stories they tell.”

In Titus chapter 2, the apostle Paul, speaking about servants (or modern-day employees) instructs believers to obedient, hard-working, and reserved. However, Paul emphasized that these things were not to come at the expense of “fedelity,” meaning their conviction of truth and faithfulness to Biblical teachings.

Titus‬ ‭2:9-10‬ ‭KJV‬‬ – “Exhort servants to be obedient unto their own masters, and to please them well in all things; not answering again; not purloining, but shewing all good fidelity; that they may adorn the doctrine of God our Saviour in all things.” (emphasis added)

In 2 Timothy 3:12, we are told that in the last days, persecution would come upon all who “live godly in Christ.” In other words, those who live by the Biblical and godly standards outlined in God’s word, which run contrary to the world.

In Romans chapter one, Paul warns against the sin of homosexuality and, more specifically, the celebration of it as a rebellion against God.

It is this reprobate mind that our society has fallen into, not in the celebration of sins alone (such as homosexuality, abortion, etc.) but also the attempt to force everyone, no matter their convictions, to celebrate and/or participate in such sins. In so doing, society brazenly disregards and violates religious freedom and freedom of conscience.

Today's News Needs A Biblical Analysis.

Your Gift Today Helps Harbinger's Daily Reach More People With The Truth of God's Word.

LIVE UPDATES — Netanyahu Addresses Antisemitic Surge: ‘This Is Reminiscent Of What Happened In German Universities In The 1930s’

Pray For Israel — Psalm 122:6-8, "Pray for the peace of Jerusalem: they shall prosper that love thee. Peace be within thy walls, and prosperity within thy palaces. For my brethren and companions' sakes, I will now say, Peace be within thee."

Disturbing Hostility Toward Bible Prophecy: Why Does The Church Neglect This Profound Evangelism Tool?

Why are so many openly hostile toward Bible prophecy? Rick Warren, a prominent pastor who leads a huge church and is a best-selling author, characterizes prophecy as a “distraction” and says that anyone who lets himself get involved in distractions like studying prophecy “is not fit for the kingdom of God.”

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In A World Encased In Violence, Prophecy Is The Stabiliser Of Our Faith

God did not provide His Word so that it would simply die in the hands of the spiritually dead. He expected, as evidenced by Habakkuk, that it be shared – particularly that which was warning people of the two paths available – righteousness or wickedness. 

ABC's of Salvation

TV AD

worldview matters

Decision Magazine V AD

TV AD

Amir V Ad #1

Decision Magazine V AD