The US Department of Justice (DOJ) on Thursday supported a Kentucky wedding photographer who has filed an ordinance that prohibits local businesses from discriminating against gay consumers.
The issue involves the competing interests of free speech and the government’s interest in countering discrimination in commercial transactions.
Louisville – Jefferson County Metro Government Ordinance § 92.05 prohibits discrimination in public housing based on sexual orientation. The wedding photographer does not currently offer her services for same-sex weddings, though she has said that she will provide her services to anyone regardless of sexual orientation. He fears that his beliefs resulted in the Louisville-Jefferson County Metro government taking action against their enforcement of the ordinance.
In support of the photographer’s motion for a preliminary injunction, the DOJ said:
The United States is keenly interested in protecting the rights of free expression of its citizens and the right to free use of religion. The United States is also very interested in the application of such rights in the context of the ordinance, which shares certain features with federal public housing laws, including Title II of the Civil Rights Act 1964… and Title III of the United States. included. Disability Act of 1990