Louisville Settles Lawsuit with Photographer Over LGBTQ+ Nondiscrimination Law

The city of Louisville, Kentucky, has agreed to pay $800,000 in legal fees to Chelsey Nelson, a photographer who challenged the city's LGBTQ+ nondiscrimination law, known as the Fairness Ordinance. This settlement concludes a lengthy legal battle that began in 2019 when Nelson, represented by the conservative legal group Alliance Defending Freedom (ADF), filed a lawsuit against the Louisville-Jefferson County Metro Government. Nelson argued that the ordinance, which prohibits discrimination against lesbian, gay, bisexual, and transgender individuals, could compel her to create photographs and blogs that contradict her religious beliefs regarding marriage.

The Advocate

The lawsuit gained national attention, particularly during the Trump administration, when the U.S. Department of Justice filed a statement of interest in support of Nelson's claims. In September 2023, U.S. District Judge Benjamin Beaton, appointed by President Donald Trump, ruled in favor of Nelson, awarding her $1 in damages and determining that the Fairness Ordinance unlawfully restricted her ability to publicly express her refusal to photograph same-sex weddings.

The Advocate

Following the settlement, ADF Senior Counsel Bryan Neihart stated, “The government cannot force Americans to say things they don’t believe,” emphasizing that the case highlighted violations of First Amendment rights. Louisville officials, however, maintained their commitment to enforcing the Fairness Ordinance. Matt Mudd, a press secretary for Mayor Craig Greenberg, affirmed that the settlement does not alter the ordinance, stating, “We are committed to fully enforcing Louisville’s anti-discrimination ordinances, including the Fairness Ordinance, which bans discrimination against LGBTQ people.”

The Advocate

Critics of the settlement argue that it undermines the protections afforded to LGBTQ+ individuals under the Fairness Ordinance. The case has drawn parallels to the U.S. Supreme Court ruling in 303 Creative v. Elenis, where a Colorado website designer claimed that compliance with a nondiscrimination law would violate her religious beliefs. Opponents of the settlement fear it may embolden similar legal challenges against LGBTQ+ rights.

The Advocate

The settlement effectively ends the litigation surrounding this case, but the Fairness Ordinance remains in place. The implications of this case may influence future legal battles concerning the intersection of religious beliefs and LGBTQ+ rights, as similar challenges are anticipated across the United States.

The Advocate

• “The government cannot force Americans to say things they don’t believe,” — Bryan Neihart, Senior Counsel, Alliance Defending Freedom

The Advocate

• “We are committed to fully enforcing Louisville’s anti-discrimination ordinances, including the Fairness Ordinance, which bans discrimination against LGBTQ people,” — Matt Mudd, Press Secretary for Mayor Craig Greenberg

The Advocate