A court in the US state of Kentucky has overturned a finding of discrimination against a T-shirt printer who refused to supply shirts for a gay pride event on the grounds of freedom of conscience.

The case against Hands On Originals was originally placed before the Lexington Human Rights Commission, which, in 2014, ruled in favour of the customer, Lexington’s Gay and Lesbian Services Organisation (GLSO). That decision was based on an ordinance which prohibits businesses from discriminating against people on the basis of sexual orientation. The ruling was handed down despite conscience arguments offered by the business’ owner, Blaine Adamson.

However, Judge James Ishmael of Fayette Circuit Court has now accepted a legal appeal based on the grounds of religious freedom.  In his ruling the judge said that there was no evidence that Hands On Originals or its owners “refused to print the T-shirts in question based upon the sexual orientation of [GLSO] or its members or representatives. … Rather, it is clear beyond dispute that (Hands On Originals) and its owners declined to print the T-shirts in question because of the message advocating sexual activity outside of a marriage between one man and one woman.”

A lawyer for the Alliance Defending Freedom, which brought the appeal, said the government cannot “force citizens to surrender free-speech rights or religious freedom in order to run a small business, and this decision affirms that. … The court rightly recognised that the law protects Blaine’s decision not to print shirts with messages that conflict with his beliefs, and that no sufficient reason exists for the government to coerce Blaine to act against his conscience in this way.”

The Lexington Gay and Lesbian Services Organisation has announced its intention to fight the appeal.