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Could a Virginia law force a wedding photographer who refuses to serve same-sex couples to pay fines?

Thursday, July 9, 2020
By Maxwell Craig
YES

According to a new state law passed in January, a "place of public accommodation" in Virginia cannot refuse service to an individual on the basis of sexual orientation. If an entity is found to be denying an individual service on this basis, and the denial "raises an issue of general public importance," the Attorney General can fine the entity up to $50,000 for a first violation and up to $100,000 for a second violation.

A Norfolk, Virginia, wedding photographer is suing the state, arguing the law violates his First Amendment rights by making him promote same-sex marriages against his religious beliefs. An earlier Supreme Court decision on a Colorado case involving a bakery's willingness to make wedding cakes has left it unclear how states should reconcile anti-discrimination protections with religious beliefs.

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