173352P.pdf   08/23/2019  Telescope Media Group  v.  Rebecca Lucero
   U.S. Court of Appeals Case No:  17-3352
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Stras, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil Case - Civil Rights Carl and Angel Larsen and their wedding video 
   business, Telescope Media Group, sought injunctive relief preventing 
   enforcement of the Minnesota Human Rights Act against them, claiming their 
   constitutional rights were violated by requiring them to make same-sex 
   wedding videos. The district court dismissed the action and denied a 
   preliminary injunction. The Larsens alleged a credible threat of 
   enforcement and thus have standing. The wedding videos are a form of 
   speech entitled to First Amendment protection, as they involve editorial 
   judgment and control by the makers, and constituted a media for the 
   communication of ideas. Because the MHRA compels the Larsens to speak 
   favorably of same-sex marriage if they speak favorably of opposite-sex 
   marriage and operates as a content-based regulation of speech it is 
   subject to strict scrutiny. Antidiscrimination law serves important 
   government interest, but it may not compel speech to serve as a public 
   accommodation for others. Application of the intermediate scrutiny is 
   rejected, as law compels speech not conduct. District court's dismissal of 
   other constitutional theories are affirmed (association-freedom claim, 
   Equal Protection Clause vagueness argument, and unconstitutional 
   conditions doctrine), except the free-exercise claim, as the law is 
   intertwined with the free-speech claim; it burdens religiously motivated 
   speech not religious conduct and constitutes a hybrid-rights claim that 
   may be developed on remand. On remand, the district court must consider 
   preliminary injunction in the first instance. Judge Kelly concurs in part 
   and dissents in part.