On Friday, July 28, Alliance Defending Freedom attorneys represented Chelsey Nelson at the U.S. Court of Appeals for the 6th Circuit requesting the court to uphold a lower court ruling, affirming Nelson’s freedom of expression and allowing her to promote marriage in accordance with her beliefs.
In 2022, a federal district court made a ruling in favor of Chelsey Nelson, a photographer and blogger based in Louisville, represented by Alliance Defending Freedom,
The court declared that Nelson was free to utilize her creative talents to express messages that aligned with her religious beliefs concerning marriage.
Nelson took legal action against a city law that would compel her to produce photographs and blogs endorsing same-sex wedding ceremonies, which went against her deeply held religious beliefs, if she did so for weddings between a man and a woman.
In addition to requiring her to create content endorsing same-sex wedding ceremonies, Louisville’s law also prohibited Nelson and her studio, Chelsey Nelson Photography, from publicly sharing the religious reasons behind her preference for celebrating weddings between a man and a woman on her own website.
Alliance Defending Freedom attorneys sought intervention from the U.S. District Court for the Western District of Kentucky to protect Nelson from threats and to uphold her First Amendment rights, as the law would compel her to produce messages that conflicted with her religious beliefs.
In the case of Chelsey Nelson Photography v. Louisville-Jefferson County Metro Government, Alliance Defending Freedom attorneys argued that the Louisville law infringes upon several provisions of the U.S. Constitution, notably the First Amendment’s Free Speech and Free Exercise clauses.
The lawsuit also challenged a Louisville Metro Ordinance that posed a threat of damages, attorneys’ fees, compliance reports, and court orders to coerce Chelsey Nelson into endorsing and producing photographs and blogs in support of same-sex wedding ceremonies.
The lower court concluded that Louisville is not allowed to misapply its laws to force Nelson into creating photographs and blogs that endorse a perspective on marriage that goes against her beliefs.
However, the city of Louisville subsequently appealed this ruling to the 6th Circuit.
On July 28th, Alliance Defending Freedom attorneys representing Nelson presented oral arguments at the U.S. Court of Appeals for the 6th Circuit in her lawsuit against the city of Louisville.
ADF Senior Counsel Jonathan Scruggs, vice president of litigation strategy and the Center for Conscience Initiatives, said in a statement on Alliance Defending Freedom Media that free speech is for everyone. “The U.S. Supreme Court recently affirmed in 303 Creative v. Elenis that all artists have the freedom to create messages that align with their beliefs without fear of government punishment. That ruling allows non-discrimination ordinances like Louisville’s to remain in place while ensuring that government officials cannot misuse those laws to compel speech. We are asking the 6th Circuit to affirm the lower court ruling, uphold this freedom, and allow Chelsey to promote marriage according to her beliefs,” Scruggs said.
In a supplemental brief, ADF attorneys also explained how 303 Creative resolves Nelson’s case and protects the freedom of speech for all Americans.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
To further its mission of protecting free speech and religious freedom for all people, Alliance Defending Freedom International, an arm of Alliance Defending Freedom, represents clients in courtrooms worldwide, working alongside thousands of lawyers. They aim to address root causes and secure precedent-setting victories at the highest levels of law and governance while also empowering future leaders to bring about structural change for the benefit of future generations.
