By Tyler Arnold
Washington, D.C. Newsroom, Jun 29, 2023 / 10:19 am
The U.S. Supreme Court is now expected to issue an opinion on Friday about whether a state government can force a Christian website designer to provide services for the creation of content that promotes same-sex weddings.
With the Supreme Court’s term coming to a close June 30, 303 Creative LLC v. Elenis is one of four cases it has yet to decide. The decision could set an important precedent on the tension between the constitutional right to religious freedom and anti-discrimination laws meant to prevent discrimination against homosexual and transgender people.
Colorado-based website designer Lorie Smith, who runs her own studio called 303 Creative LLC, filed the lawsuit over a Colorado anti-discrimination law. The law in question declares it unlawful and discriminatory to refuse, withhold, or deny services for a person based on his or her sexual orientation.
The company, which is being represented by the religious liberty law firm Alliance Defending Freedom, argues that the state cannot force Smith or her company to provide services for homosexual weddings because that would compel her to promote a message that is inconsistent with her religious beliefs.
Kristen Waggoner, ADF’s CEO, president, and general counsel, said in a December statement that free speech applies to everyone and that the government should not force someone to say something he or she does not believe.
“Like most graphic designers, every word she writes, every graphic she designs, and every custom website she crafts expresses a unique message — one that must be consistent with her beliefs, areas of passion, and personal expertise,” Waggoner said. “Americans should be free to express their ideas even if the government disagrees with them. That’s true for Lorie just as much as the LGBT graphic designer, which is why a win for Lorie is a win for all Americans.”
The lawsuit argues that the Colorado law violates the First Amendment of the U.S. Constitution in several ways, which include the right to free speech, the right to freedom of religion, and the right to freedom of association.
More than five years ago, on June 4, 2018, the Supreme Court ruled in favor of a Colorado baker who refused to design a wedding cake for a homosexual marriage based on similar arguments related to free speech and freedom of religion. However, the court’s decision only applied to the business that brought the lawsuit and did not rule on the legality of the law itself.
