Lorie Smith, owner and founder of 303 Creative, at the U.S. Supreme Court in Washington, D.C.
The U.S. Supreme Court has ruled in favor of a Colorado web designer, safeguarding her First Amendment right to free speech. Lorie Smith, owner of 303 Creative LLC, challenged the state's anti-discrimination law, which she feared could be used against her due to her faith-based objections to creating websites promoting same-sex marriage.
The court's decision focused on whether compelling an artist to express certain views violates the free speech clause, without directly addressing religious freedom concerns. Justice Neil Gorsuch emphasized the importance of individual conscience and the freedom to express thoughts, affirming the vitality of our democratic society.
The Alliance Defending Freedom (ADF), representing Lorie Smith, celebrated a significant triumph after the Supreme Court's ruling. ADF argued that the state law impinges on the rights of creative professionals who hold religious or moral objections to creating content that contradicts their beliefs. Describing the decision as a "landmark" victory, ADF emphasized that it was a resounding win for freedom of speech, benefiting all Americans.
They underscored the importance of tolerance over coercion, affirming the First Amendment's vision of a diverse and inclusive society where individuals are free to express their thoughts and beliefs without government interference.
In the case of 303 Creative v. Elenis, Justice Neil Gorsuch's decision referenced Supreme Court precedents, including protection for students from compelled patriotic gestures and the rights of organizations to exclude certain groups. Justice Sonia Sotomayor, along with Justices Elena Kagan and Ketanji Brown Jackson, dissented, raising concerns about the broader implications of the ruling.
Sotomayor argued that granting businesses the right to refuse service to protected classes extends beyond issues of sexual orientation and gender identity. She emphasized that the law regulates conduct, not speech, and discrimination has never been considered protected expression under the First Amendment. Sotomayor cautioned that this decision could potentially lead to the exclusion of other groups from accessing various services.
The U.S. Conference of Catholic Bishops and other groups supported Smith's case with amicus briefs, but a panel of the U.S. Court of Appeals for the Tenth Circuit ruled against her. The panel recognized that the Colorado law compelled Smith to create content that went against her beliefs, potentially limiting certain ideas and viewpoints.
However, they upheld the law, arguing that Smith's creations were unique expressions. This case is reminiscent of the well-known Masterpiece Cakeshop case involving Jack Phillips, where the Supreme Court ruled in his favor in 2018. Phillips is now facing another lawsuit for refusing to bake a cake celebrating a transgender attorney's gender transition, with support from the Alliance Defending Freedom.
In January, the Colorado Court of Appeals rejected Phillips' challenge, stating that the design of the cake did not inherently convey a specific message attributable to the baker. The court affirmed that the anti-discrimination law does not infringe upon business owners' religious freedom or their right to express their beliefs. Despite the ruling, Phillips maintains that his cakes are a form of speech and intends to pursue an appeal.