Minnesota filmmakers head to appeals court to challenge law forcing them to film same-sex weddings

A Christian couple from Minnesota is asking the Eighth Circuit Court of Appeals to reinstate their lawsuit challenging a state law that forces them to film same-sex wedding despite their religious objections.

Carl and Angel Larsen of Telescope Media Group are seeking to suspend the enforcement of a law that allows Minnesota to impose fines and jail time on them if they decline to create wedding films that are contrary to their beliefs.

The couple had asked a federal court for an injunction that would block the law while their case proceeds. However, the court denied the request and dismissed the lawsuit, prompting the filmmakers to file an appeal.

Alliance Defending Freedom (ADF) attorneys have filed an opening brief on behalf of the Larsens on Friday, arguing that the Minnesota law violates the constitutional rights of the filmmakers.

The brief stated that the Larsens "serve all people," but they cannot convey all messages and they cannot "celebrate any vision of marriage other than one between one man and one woman" because of their religious beliefs.

It went on to explain that the couple's beliefs require them to use their talents to "express messages that honor God" by producing wedding films and publishing them online along with a statement explaining their religious views.

"But these plans are on hold because Minnesota will punish them if they post their statement or create wedding films consistent with their faith while declining to create wedding films promoting contrary views," the brief stated.

In a statement released on Monday, ADF Senior Counsel Jeremy Tedesco argued that the state "shouldn't threaten artists with fines and jail simply for living in accordance with their beliefs in the artistic marketplace."

According to The Global Dispatch, penalties for violating the law include payment of a civil penalty to the state, triple compensatory damages, punitive damages of up to $25,000, a criminal penalty of up to $1,000 and a jail sentence of up to 90 days.

"The state doesn't have any interest whatsoever in threatening filmmakers with fines and even jail time simply because they declined to create films that violate their beliefs," Tedesco said, as reported by One News Now.

The Larsens filed the lawsuit in December 2016, challenging a portion of the Minnesota Human Rights Act that prohibits discrimination based on sexual orientation.

The couple argued that the measure would force them to film same-sex weddings, but U.S. District Court Judge John Tunheim dismissed the case, arguing that the law is "neutral" in its application and does not force businesses to convey a government message.

The judge acknowledged that the law "does incidentally require wedding videographers to make videos they might not want to make," but he contended that such concerns are "immaterial."

He noted that "speech-for-hire is commonly understood to reflect the views of the customer," and there is "little danger" that the video's messages would be attributed to the filmmakers. Tunheim further argued that the Larsens could simply put a disclaimer on their website indicating that they are opposed to same-sex marriage.