AP Photo; Getty ImagesKesha remains with Sony on Wednesday after a New York judge rejected her emergency order to get her out of her contract with the company and Dr. Luke, E! News can confirm.
The 29-year-old singer sued the music producer in 2014 for sexual assault and battery and was seeking to invalidate her recording contracts with him and his company. Dr. Luke, 42, filed a countersuit and called her allegations "defamatory." He also said he "didn't rape Kesha" and "have never had sex with her."
In February, a judge denied Kesha's request for a preliminary injunction that would have allowed her to release music outside of his authority, and about two weeks ago, she filed an appeal and pressed for a New York Court date.
Today, E! News obtained the court documents in which the NYC judge denied that appeal, which means she is still contracted under Sony and cannot release music without their approval. The judge stated Kesha was being "unreasonable" because Sony was "ready, willing and able to approve a producer with whom Kesha can work other than [Luke]."
Kesha also argued that she was the victim of a hate crime, and thus under that law, she should be able to get out of her contract with Sony.
However, the judge argued, "Although [Luke's] alleged actions were directed to Kesha, who is female, [her claims] do not allege that [Luke] harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha."
The judge concluded, "Every rape is not a gender-motivated hate crime."
On Sunday, Kesha took to Instagram to promise her fans—who have rallied behind her in a "Free Kesha" campaign—that she refuses to allow a "monster" to continue to control her.
"So. I got offered my freedom IF i were to lie," she wrote alongside a selfie of her looking somber. "I would have to APOLOGIZE publicly and say that I never got raped. THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH. I would rather let the truth ruin my career than lie for a monster ever again."
Dr. Luke's spokesperson responded in a statement to E! News shortly thereafter, saying: "Kesha's Instagram posting is false. The Court repeatedly stated Kesha is already free to record without Dr. Luke, and that she had not presented any facts supporting her claims. That's because all the evidence—including Kesha's own videotaped sworn testimony—show her allegations are false."
E! News has reached out to both Kesha's and Dr. Luke's individual attorneys for further comment.