A Virginia photographer has won the right to refuse to take pictures of same-sex wedding couples following a verdict in a similar but separate case.

The decision was affirmed after the US Circuit Court of Appeals for the 4th Circuit agreed to a mutual settlement to dismiss the lawsuit.

In 2020, the Commonwealth enacted the Virginia Values Act. Under this act, individuals were prohibited from "discrimination on the basis of sexual orientation and gender identity in housing, public and private employment, public accommodations, and access to credit."

However, photographer Bob Updegrove took issue with the Act’s infringement on freedom of speech. Shortly after, Updegrove filed a federal lawsuit alongside the Christian legal advocacy group, Alliance Defending Freedom.

In the lawsuit, Updegrove pointed to the recent Supreme Court case 303 Creative LLC v. Elenis. In this case, graphic design company owner Laurie Smith wanted to expand her business by creating wedding websites for couples. However, she was afraid that because of Colorado's anti-discrimination laws, she could be forced to go against her religious beliefs by creating websites for same-sex couples.

The case was subjected to national scrutiny because it took a close look at where freedom of speech, religious freedoms, and public accommodations intersected. Ultimately, the High Court ruled In a 6-3 vote that Colorado could not force the graphic designer, or any others for that matter, to create a wedding website that caters to same-sex couples if such a creative expression went against an individual's expressive beliefs. However, the Supreme Court did not set a standard or definition for what “expressive” means.

"In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance," Justice Neil Gorsuch wrote in the majority opinion. "But, as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong."

In 2021, Updegrove’s case was dismissed because he had "never previously engaged in the type of speech that he claims is currently being chilled." However, Updegrove’s legal team pushed back with ADF counsel Johannes Widmalm-Delphonse saying in a press release, "Free speech is for everyone. As the Supreme Court recently affirmed in 303 Creative, the government can’t force Americans to say things they don’t believe."

The press release continued, "This victory for Bob underscores how the 303 Creative decision will protect countless Americans from government censorship and coercion. The U.S. Constitution protects his freedom to express his views as he continues to serve clients of all backgrounds and beliefs."

Virginia Attorney General Jason Miyares supported the settlement, sharing, "I promised to call balls and strikes and to follow the law wherever it leads. The Supreme Court made clear in 303 Creative that the government cannot compel people like Mr. Updegrove to speak contrary to their conscience." Miyares adds, “I am pleased that with the settlement, the law is upheld at no cost to the taxpayers, and Mr. Updegrove’s First Amendment rights are preserved."