Photographer can refuse same-sex assignments, Virginia attorney Jason Miyares general agrees

Attorneys for wedding photographer Bob Updegrove of Leesburg, Virginia, secured a settlement from Virginia Attorney General Jason Miyares in which the state pledged not to prosecute the lensman for refusing to photograph same-sex weddings or engagements. (Photo courtesy of Alliance …Virginia won’t force a Christian Leesburg photographer to accept assignments to shoot same-sex ceremonies, according to the terms of a settlement announced this week.

Attorney General Jason Miyares, a conservative Republican who took office last year alongside fellow Republican Gov. Glenn Youngkin, said a recent decision by the Supreme Court took precedence over the existing state rules, which were put into place under former Attorney General Mark Herring, a Democrat.

The June 2023 Supreme Court ruling in the 303 Creative case — which protects the conscience rights of those in creative businesses — was cited by Mr. Miyares and lawyers for the photographer as propelling the settlement. Under the settlement terms, the photographer is free to decline same-sex wedding or engagement assignments and can adopt and distribute a “desired editorial policy” for his business.The Virginia case appears to mirror the situation Denver website creator Lorie Smith, who owns 303 Creative, faced when she sued Colorado over a similar statute. The 6-3 Supreme Court majority held Ms. Smith could not be compelled to create websites for weddings that violated her conscience.

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