Is it illegal for a photographer to turn down a same sex marriage if such a marriage is against their religious beliefs?

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Is it illegal for a photographer to turn down a same sex marriage if such a marriage is against their religious beliefs?

Asked on August 20, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it is no illegal at all. A private business or private person IS allowed to discriminate in many contexts, including in whom to serve (so long as that business is not a landlord, realtor, property manager, or place of public accommodation, like a mall, store, restaurant, or bar). A photographer may decide to not photograph a same-sex marriage if he/she chooses.


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