A Victory for Free Speech Rights in Virginia

Following the U.S. Supreme Court’s recent decision in 303 Creative v. Elenis this summer, a case brought by Alliance Defending Freedom (ADF) that affirmed free speech for all Americans, ADF attorneys have now successfully settled a similar lawsuit on behalf of a Virginia photographer. As part of the settlement, the Virginia Attorney General’s office agreed that Bob Updegrove is free to create wedding photography consistent with his beliefs, as protected by the First Amendment. Read more about what ADF has to say about the settlement HERE.

In the Settlement Agreement, the Attorney General acknowledged that “the Supreme Court decided 303 Creative on June 30, 2023, and held that being put to a choice between “speak[ing] as the State demands” or “fac[ing] sanctions for expressing [one’s] own beliefs” is “more than enough[] to represent an impermissible abridgement of the First Amendment’s right to speak freely.” 303 Creative LLC v. Elenis, 600 U.S. 570, 589 (2023).”

Furthermore, the Agreement stated:

“In light of 303 Creative, Defendants agree not to enforce Va. Code § 2.2-3904 to:

                a. Force Plaintiffs to offer or provide photography celebrating same-sex weddings;

                b. Prevent Plaintiffs from asking prospective clients whether they seek photography services celebrating same-sex weddings or engagements;

                c. Prevent Plaintiffs from adopting or distributing their desired editorial policy (J.A. 61–62);

                d. Prevent Plaintiffs from posting their desired statement (J.A. 64) on their website.”

This is a very important victory for free speech and religious exercise. We look forward to applying the principles of 303 Creative to protect other creative professionals as the need arises in Virginia.