Democracy Dies in Darkness

He refuses to take photos of a gay wedding. Virginia says he’s allowed.

November 8, 2023 at 12:50 p.m. EST
Wedding photographer Bob Updegrove: “Like any other artist, I want to create photography that I believe in.” (Alliance Defending Freedom)
5 min

A Virginia photographer can refuse to take pictures of same-sex weddings and say so on his website after the settlement of a federal lawsuit that challenged the state’s ban on discrimination against gay and transgender people.

The state committed in a filing in the U.S. Court of Appeals for the Fourth Circuit to not require Bob Updegrove “to offer or provide photography celebrating same-sex weddings” or prevent him from expressing that position in promotional materials. The settlement specifically cited the Supreme Court’s landmark decision in the case of Colorado web design company 303 Creative, in which the six conservatives on the court ruled that the First Amendment allows some businesses to refuse to work for same-sex couples.