Last year, a woman who describes herself as “a Louisville, Kentucky photographer and private photo editor with a heart for Jesus," sued the city over its Fairness Ordinance, which prevented discrimination based on sexuality and gender identity.
Now the ordinance is being called into question by Chelsey Nelson when she claimed it “violated her constitutional rights,” according to Comic Stands. Nelson also claimed that her business suffered due to her fear to openly advertise in case she was fined.
The funny thing is that she was never cited or asked to photograph a same-sex marriage.
Regardless, Judge Justin Walker sided with her anyway, ruling that Nelson had a very strong case, and ordered an injunction against the ordinance to prevent its enforcement, according to Courier Journal.
Walker was quoted as saying:
"America is wide enough for those who applaud same-sex marriage and those who refuse to. The Constitution does not require a choice between gay rights and freedom of speech. It demands both."
Because of this, the court has halted the law while the case moves forward, as reported by Comic Stands.
Nelson is represented by a lawyer from the Alliance Defending Freedom, a right-wing extremist organization that was classified as a hate group by the Southern Poverty Law Center.
Chris Hartman, the director of The Fairness Campaign which lobbied to pass the ordinance, has called Nelson's lawsuit "ludicrous" and claimed the ADF is trying "to undermine civil rights laws across the nation," according to Pink News.
The American Civil Liberties Union has argued that if Nelson wins her lawsuit, it opens the doors for more discrimination. They claim that it lays the groundwork for photographers to turn away Muslim clients, or allow racial discrimination based on a religious belief, as reported by Comic Stands.
The city's argument to dismiss the case was based on the fact they have never taken action against Nelson over the ordinance, but Judge Walker also noted that they have not disavowed the possibility of prosecution, according to Comic Stands.
The lawsuit is still not settled, and the fate of the ordinance will be determined in court.
