Defending the family

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Daily Caller:Judge upholds First Amendment right to use gay couple's photo in political mailers

A federal judge in Denver ruled that a political group opposed to same-sex marriage was within its First Amendment rights to use a photo of a gay couple kissing on political mailers circulated in 2012.

Judge Wiley Daniel partially granted a motion to dismiss a lawsuit by Brian Edwards and Thomas Privitere, a New Jersey couple whose engagement photo was used on mailers circulated by Public Advocate, a group opposed to gay marriage.

The mailers were sent to two districts in Colorado to oppose Republican candidates who supported civil unions or same-sex marriages.

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Loudoun Times M. Headline:

Judge rules in Delgaudio's favor in Colorado mailer case

Split decision in Colorado court case involving photo of gay NJ couple

Copyright attorney John Arsenault, who is not involved in the case, said it's unlikely that couple or their photographer will be able to collect maximum damages because of the timing of events. The fliers arrived in voters' mailboxes around June 5, 2012 and were made public by The Denver Post; the couple discovered their picture had been used June 27, 2012, and the copyright registration was filed by the photographer on July 3, 2012.

"This isn't going to be a high-dollar case," Arsenault said.

Read more: Split decision in Colorado court case involving photo of gay NJ couple - The Denver Post