Virginia Photographer Fights $50K Fine for Practicing His Religion
A Christian wedding photographer and blogger in Virginia filed suit against Attorney General Mark Herring (D), seeking to prevent the enforcement of a new non-discrimination law that its Democrat supporters admitted was intended to be “punitive” against those who decline to celebrate same-sex weddings. The law presents the photographer with an impossible choice: violate his conscience, close down his business, or face a $50,000 fine for the first offense and $100,000 fines for each later offense.
Chris Herring, owner of Chris Herring Photography, filed the pre-enforcement lawsuit on Tuesday before the law came into effect on Wednesday. The lawsuit claims the Virginia Values Act — which Gov. Ralph Northam (D) signed on the Saturday before Easter during a pandemic — violates Chris Herring’s rights to free speech, free association, freedom of the press, religious liberty, and the Constitution’s ban on a government establishment of religion.
“It isn’t the state’s job to tell me what I must capture on film or publish on my website,” Chris Herring said in a statement on the lawsuit. “My religious beliefs influence every aspect of my life, including the stories I tell through my photography. If you’re looking for someone to photograph a red-light district or promote drug tourism, I’m not your guy. Now Virginia is trying to intimidate creative professionals like me to change some of my other religious beliefs.”
Chris Herring insisted that he does not discriminate against people based on their sexual orientation — he only refuses to celebrate same-sex weddings because they violate his beliefs on marriage, which God defines as a union between one man and one woman. If a gay man asked him to photograph an opposite-sex wedding, he would do so. If a straight man asked him to photograph a same-sex wedding, he would refuse. The wedding, not the sexual orientation of a client, is the point at issue.
“I happily work with and serve all customers, but I can’t and won’t let the state force me to express messages that contradict my beliefs,” the photographer insisted.
“Artists shouldn’t be censored, fined, or forced out of business simply for disagreeing with the government’s preferred views,” Jonathan Scruggs, senior counsel at Alliance Defending Freedom (ADF), the law firm representing Chris Herring, said in a statement. “Because of Virginia’s new law, Chris faces an impossible choice: violate the law and risk bankruptcy, promote views against his faith, or close down.”
“No matter one’s views on marriage, we all lose when bureaucrats can force citizens to participate in religious ceremonies they oppose, speak messages they disagree with, and stay silent about beliefs they hold dear,” Scruggs added.
Yet AG Mark Herring has repeatedly insisted that if wedding photographers like Chris Herring refuse to help celebrate same-sex weddings, they are discriminating on the basis of sexual orientation. Mark Herring said as much in amicus curiae briefs in Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) and in Telescope Media Group v. Lindsey (2019), two cases on the issue of whether or not bakers and photographers have the free speech and religious freedom right to refuse to serve same-sex weddings.
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Interestingly, Mark Herring argued that non-discrimination laws like the Virginia Values Act would allow a cakeshop to decline to create custom cakes with “offensive messages about LGBTQ people” based on its non-religious objections but as prohibiting a cakeshop from declining to create a custom wedding cake celebrating a same-sex wedding based on its religious objections.
“This distinction treats religious objections to creating expressive works worse than non-religious objections to creating expressive works,” Chris Herring’s lawsuit alleges.
https://pjmedia.com/culture/tyler-o-neil/2020/07/01/virginia-photographer-fights-50k-fine-for-practicing-his-religion-n596506