Global Courant
The U.S. Supreme Court ruled that a Colorado graphic designer who wants to create marriage websites doesn’t have to create them for same-sex marriages, in a landmark decision that pits the interests of LGBTQ nondiscrimination against First Amendment freedom.
In a 6-3 decision Friday, the Supreme Court ruled in favor of artist Lorie Smith, who sued the state over an anti-discrimination law that prohibited companies offering sales or other accommodations to the public from denying service based on a customer’s sexual orientation.
Judge Neil Gorsuch authored the majority opinion, who said, “In this case, Colorado is trying to compel a person to speak in a manner that is consistent with their views but defies their conscience on a matter of great importance.” .”
“But, as this Court has long held, the ability to think for ourselves and freely express those thoughts is one of our most cherished freedoms and part of what keeps our Republic strong,” Gorsuch continued.
“But tolerance, not coercion, is our nation’s answer. The First Amendment presents the United States as a rich and complex place where all persons are free to think and speak as they please, not as the government demands. Because Colorado that tries to deny promise, judgment is reversed,” he concluded.
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Lorie Smith, owner of 303 Creative at the center of the Supreme Court free speech case. (ADF)
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Smith said the law infringed on her First Amendment rights by forcing her to promote posts that violate her deeply held beliefs.
The case, 303 Creative LLC v. Elenis, attracted national attention as it involved conflicting interests of the First Amendment, the rights of free speech and non-discrimination of the LGBTQ community.
The law, known as the Colorado Anti-Discrimination Act (CADA), prohibits companies that sell or provide services to the public from denying service to anyone based on their identity. Proponents of CADA argue that the law is necessary to prevent companies from discriminating.
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Smith has maintained throughout that she has no problem working with the LGBTQ community, just not for same-sex marriages.
303 Creative owner Lorie Smith said she was threatened after she challenged the Colorado Anti-Discrimination Act. (Credit: Alliance That Defends Freedom)
“I think it’s important for people to understand that I love and welcome the opportunity to work with all people. My case was never about choosing the client to work with, but about choosing the message that gets to me. asked to promote,” Smith told Fox News Digital in a March 2022 interview.
Smith has said she faced threats throughout the duration of her case.
“I’ve had my home address posted on social media. I’ve received a lot of threats — death threats, threats of bodily harm,” she said in December. “The security system at my home, my kid’s school has been on alert. I’ve lost business, my clients have been harassed, and my website…people are trying to hack into it almost every hour.”
Lorie Smith of 303 Creative (Credit: Alliance That Defends Freedom)
SUPREME COURT MAIN COURT HEARS FREE SPEECH ARGUMENTS ABOUT COLORADO COMPANY REFUSES TO CREATE WEBSITES FOR GAY MARRIAGES
Despite this, Smith said she had no regrets about going to court.
“The right to speak up is guaranteed to all of us, and it was difficult at times,” she said. “Although it comes with a price tag, it is a right worth protecting.”
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This is the second time CADA has been at the center of a Supreme Court case. In 2018, the Masterpiece Cakeshop bakery won a case in which owner Jack Phillips refused to design and make cakes specifically for same-sex marriages.
That case did not rule on whether the law itself violated the First Amendment for free speech or religious reasons, as they ruled that the Colorado Civil Rights Commission had anti-religious bias in enforcing the law against Phillips.
Brianna Herlihy is a political writer for Fox News Digital.
