Attorney General Cameron Leads 21-State Amicus Brief Urging Sixth Circuit to Protect Religious Liberty, Free Speech Rights of Louisville Wedding Photographer

Supporting the religious liberty and free speech rights

FRANKFORT, Ky. (March 1, 2023) – Attorney General Daniel Cameron today led a coalition of 21 states in filing an amicus brief before the United States Court of Appeals for the Sixth Circuit supporting the religious liberty and free speech rights of a Louisville wedding photographer to decline to take custom photographs at a same-sex wedding.

“Operating a wedding photography business should not require entrepreneurs to abandon their religious liberty and free speech rights,” said Attorney General Cameron. “Since taking office, I have fought to protect the religious liberty rights of Kentuckians, and we led this amicus brief to ensure the constitutional rights of business owners like Kentuckian Chelsey Nelson are protected.”

The Louisville business owner has asked the Sixth Circuit to uphold a federal district judge’s ruling that protected her religious liberty and free speech rights by preventing Louisville from requiring her to provide custom photography services at a same-sex wedding.

In the amicus brief, led by Attorney General Cameron, the coalition argues that in this case Louisville’s public-accommodation ordinance violates the photographer’s rights under the Free Speech Clause and Kentucky’s Religious Freedom Restoration Act. Attorney General Cameron writes, “Both the Free Speech Clause and Kentucky’s RFRA apply. That means Louisville’s public-accommodation law must give way here. Louisville cannot force Nelson to take custom wedding photos for a same-sex wedding that send a message she disagrees with based on her religious beliefs.”

In 2022, Attorney General Cameron joined 19 other states in filing an amicus brief before the United States Supreme Court to similarly support the free speech rights of a custom website designer. This case remains pending before the court.

Attorney General Cameron led the brief and was joined by attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.

To view a copy of the amicus brief, click here.