DOJ backs Kentucky wedding photographer suing over ordinance banning discrimination against gay customers News
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DOJ backs Kentucky wedding photographer suing over ordinance banning discrimination against gay customers

The US Department of Justice (DOJ) stated support Thursday for a Kentucky wedding photographer who filed suit over an ordinance that bans local businesses from discriminating against gay customers.

This case involves the competing interests of an individual’s right to free speech and the government’s interest in combating discrimination in commercial transactions.

Louisville-Jefferson County Metro Government Ordinance § 92.05 prohibits discrimination in public accommodations based on sexual orientation. The wedding photographer currently does not provide her services for same-sex marriages, although she has stated that she will provide her services to anyone regardless of sexual orientation. She fears that her beliefs will result in the Louisville-Jefferson County Metro Government taking enforcement action her for violating the ordinance.

In support of the photographer’s motion for a preliminary injunction, the DOJ stated:

The United States has a substantial interest in the preservation of its citizens’ rights to free expression and the free exercise of religion. The United States also has a substantial interest in the application of such rights in the context of the ordinance here, which shares certain features with federal public accommodations laws, including Title II of the Civil Rights Act of 1964 … and Title III of the Americans with Disabilities Act of 1990.

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