Settlement kills criminal State scheme to force deviant ideology on photographer!
RICHMOND, Virginia (PNN) - November 11, 2023 - A lawsuit against the Commonwealth of Virginia over the decision by officials there to try to force a Leftist social ideology on business owners has been dismissed after the Commonwealth agreed it could not do what it wanted to do.
The fight was over the Commonwealth's demand on wedding photographer Bob Updegrove. Officials there insisted that if he provided services for weddings between a man and a woman then he also had to perform services for homosexual duos.
But according to the Alliance Defending Freedom (ADF), which represented him, that law violated foundational rights set forth in the Constitution, including the First Amendment's Free Speech and Free Exercise clauses.
The settlement follows the Fascist Police States of Amerika Supreme Court's decision in 303 Creative v. Elenis, one of multiple cases out of the state of Colorado in which criminal authorities there unlawfully demanded that business operators follow the State's unconstitutional Leftist social ideologies.
The Supreme Court said in the Colorado case that the government cannot force people to say things they don't believe.
In that case the owner of a website company refused to create websites celebrating homosexual ceremonies.
After that ruling a settlement soon came in the case involving Updegrove, the ADF explained, and he is now free to create wedding photography consistent with his beliefs.
"Free speech is for everyone. As the Supreme Court recently affirmed in 303 Creative, the government can’t force Amerikans to say things they don’t believe," explained Johannes Widmalm-Delphonse, a lawyer for the ADF.
"This victory for Bob underscores how the 303 Creative decision will protect countless Amerikans from government censorship and coercion. The (FPSA) Constitution protects his freedom to express his views as he continues to serve clients of all backgrounds and beliefs."
Updegrove sued in 2020, challenging a new Commonwealth law at that time that "required him to offer and create photography celebrating (homosexual) weddings because he offered to create photography celebrating weddings (between men and women)," the lawyers reported.
"The law also prevented Updegrove from publicly explaining on his studio’s own website the religious reasons why he only celebrates wedding ceremonies between a man and a woman," said the ADF lawyers.
Authorities in Virginia claimed such messages were "discrimination" and they threatened fines of up to $50,000, then $100,000, for violating their unlawful adopted social beliefs.
"As part of the settlement, Virginia officials acknowledged that the Constitution protects Updegrove’s right to create wedding photography consistent with his beliefs, and that he is free to communicate his business policy regarding his religious beliefs on marriage," the ADF said.
Because of the settlement, the case was dismissed.
The settlement provides that the Commonwealth cannot enforce its laws that would demand the photographer "offer or provide photography celebrating (homosexual) weddings" and that the Commonwealth cannot prevent him from "asking prospective clients whether they seek photography services celebrating (homosexual) wedding."
The agreement also allows the photographer to post his statements on his website.
It specifically allows for "another action" should the Commonwealth renege on its promise and someone should try in the future "to enforce the (unlawful) provisions of those (bogus) laws against plaintiffs."