The Fourth Circuit Court ruled to allow a Christian photographer to refuse to work with LGBTQ+ couples. The ruling comes during backsliding on LGBTQ+ rights in many parts of the US.
The photographer
Bob Updegrove is a Christian photographer. Like many, he shoots weddings as part of his job.
The law
In 2020, Virginia added gender identity and sexual orientation to its non-discrimination laws. In theory, that would prevent photographers like Updegrove from refusing to take pictures of same-sex weddings.
Instant complaints
Updegrove filed a pre-enforcement challenge. That means he wanted to prove the law was unfair, even though it hadn’t affected him yet.
Not alone
Updegrove wasn’t alone. He was helped by the Alliance Defending Freedom (ADF).
Hate group, by The Southern Poverty Law Center
The Southern Poverty Law Center has designated the ADF as a hate group. Updegrove’s lawsuit is just one of many the group has filed in recent years in a broad attempt to reverse LGBTQ+ protections.
If, at first, you don’t succeed…
The district court dismissed Updegrove’s initial challenge. That didn’t stop the photographer or the ADF from appealing to higher courts.
Victory
The appeal was successful. Updegrove settled with the state of Virginia.
The settlement
Per the settlement, Virginia cannot force Updegrove to photograph weddings between same-sex couples. The state also cannot prevent Updegrove from promoting his anti-LGBTQ+ policy.
Restrictions
Virginia is also barred from preventing Updegrove from quizzing prospective clients. He must be allowed to ask clients if they want a photographer who would work with same-sex couples.
Justification
The ADF won the case by referring to a Supreme Court decision in which they were also involved. The case is called 303 Creative v. Elenis.
Supreme Court case
The 303 Creative case involved a Christian web designer, also represented by the ADF and the state of Colorado.
Interesting case
As The New Republic reported, the 303 Creative case was full of holes. For one thing, the case claims that a man requested a gay wedding website—but when asked, the man named asserted that he had never made such a request. At the time, he was married—to a woman.
Result
Nevertheless, the Court ruled in 303 Creative that Colorado’s anti-discrimination law violated Smith’s First Amendment right to freedom of speech. Under the law, the designer may have been forced to make a website for a same-sex couple.
Freedom or something like it
At the time, LGBTQ+ advocates feared this decision would apply to similar cases. Updegrove’s victory shows those fears are coming true.
ADF’s statement
“This victory for Bob underscores how the 303 Creative decision will protect countless Americans from government censorship and coercion,” a group member said.
ADF, in their own words
The ADF describes 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.” In practice, that manifests as actions intended to reduce the rights of LGBTQ+ people and women, reports claim.
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