A Louisville photographer cannot be forced to photograph same-sex weddings because photography is art and falls under free speech, a federal judge ruled this week. Wedding photographer Chelsey Nelson filed a lawsuit against the city of Louisville, Kentucky, over a local Fairness Ordinance that prevents discrimination, including on the basis of sexual orientation. The photographer, who is a Christian, filed the suit claiming that the ordinance would force her to photograph same sex weddings that “conflicts with my religious conviction.”

On Tuesday, an opinion of the United States District Court in the Western District of Kentucky separated Nelson’s work from other services such as restaurants. Why? The courts said that a previous Supreme Court case established precedent that Nelson’s photography and blogging could be categorized as speech.

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“So although Louisville may require restaurants and hotels and stores to provide services regardless of the proprietors’ views or their customers’ legal status,” the court’s opinion and order reads, “the government may not force singers or writers or photographers to articulate messages they don’t support. Because speech is categorically different under the federal Constitution, local laws must treat it differently, too.”

The court granted Nelson’s motion for summary judgement, ruling that the city couldn’t use the ordinance to compel the photographer to provide her services for same-sex ceremonies (because of the ruling that her photography falls under free speech). The court also said that the city couldn’t prohibit the photographer from expressing her beliefs on her website and social media.

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Nelson’s case isn’t the first to grapple with providing services to same sex couples. In 2018, the Supreme Court sided with a baker who turned away a same sex couple looking for a wedding cake. However, last year, a New York court dismissed a similar lawsuit, with the courts noting that the religious ceremony is for the couple and guests and that vendors do not have to participate in any religious activities.

In a statement, Louisville major Greg Fischer called the ruling disappointing. “We are a city of compassion and we appreciate the many ways our LGBTQ+ family contributes to our diverse community. Louisville Metro Government will continue to enforce to the fullest extent possible its ordinance prohibiting anti-discriminatory practices and will fight against discrimination in any form. We are evaluating this ruling with our counsel and will likely be appealing this decision.”