PanamaTimes

Thursday, Mar 28, 2024

Supreme Court's conservative majority appears sympathetic to Christian graphic designer who refuses to create websites for same-sex weddings

Supreme Court's conservative majority appears sympathetic to Christian graphic designer who refuses to create websites for same-sex weddings

Lorie Smith claims Colorado is forcing her to create messages that go against her religious beliefs, violating her free-speech rights.
Lorie Smith, a Christian graphic designer in Colorado, says she wants to combine her love of weddings and storytelling by expanding her business to design wedding websites. But she refuses to create content that she says contradicts her faith, such as celebrating same-sex weddings, resulting in a legal battle that's landed at the Supreme Court.

The 38-year-old is the owner of 303 Creative, a Denver-based graphic design firm that she's been running for more than a decade. Smith highlights her faith on her website and emphasizes that she avoids communicating messages that are "inconsistent with her religious beliefs."

At the heart of the case is a Colorado law that forbids businesses from discriminating based on sexual orientation. Smith claims the anti-discrimination law forces her to promote messages she's against, violating her First Amendment free speech rights. 

"As a Christian, I can't separate my faith from who I am," Smith told Insider in a recent interview. "And so the state is asking me to create artwork to celebrate things that go against the core of who I am, and nobody should be put in that position."

The Supreme Court on Monday heard more than two hours of oral arguments on the dispute, which touched on the intersection of religious liberty and LGBTQ+ rights. But the justices are reviewing the case through a free speech lens, addressing the question of whether "applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment."

Alliance Defending Freedom, a conservative legal group representing 303 Creative, told the Supreme Court that Smith serves all kinds of clients, including those who identify as LGBTQ+, but that she should not be required to make websites for same-sex weddings. 

"Ms. Smith believes opposite-sex marriage honors scripture and same-sex marriage contradicts it," attorney Kristen Waggoner argued Monday. 

The court's 6-3 conservative majority appeared sympathetic to Smith's position. Justice Neil Gorsuch raised a hypothetical situation of a freelancer who's been asked to write a press release for a group they disagree with, seemingly distinguishing between a business declining to express a message and declining to serve a client. 

"I offer to write press releases for anyone, it's not 'who', but it is a 'what,'" Gorsuch said. "And the 'what' is I won't write a press release that expresses religious views or that I disagree with."

The state of Colorado disputes Smith's argument, defending that its law does not force any speech, but only requires businesses to serve all Colorado customers, regardless of their sexual orientation. Lower courts have sided with the state. 

The state warns that a ruling in favor of Smith could have far-reaching consequences, enabling businesses to discriminate not only based on sexual orientation but also potentially on the basis of gender, race, religion, and disability.

"Our concern is this case threatens to create a loophole that firms could deny service to someone based on who they are, claiming some expressive interest on the behalf of the business owner," Attorney General Phil Weiser told Insider. "That loophole has never existed in our law before. If you create it, it could do considerable damage to this important anti-discrimination norm that's long been a part of Colorado law and the federal law."

The state on Monday told the Supreme Court that 303 Creative's position is "sweeping" because it could open the door to businesses promoting "all sorts of racist, sexist and bigoted views."

"This rule would allow another web design company to say, 'no interracial couples served,' an ad agency could refuse women-led businesses, and a tech consulting company could refuse to serve 303 Creative itself because it disagreed with the owner's religion," Colorado Solicitor General Eric Olson said.

"This court should not upend long-settled law that protects the full and equal access of all Americans to our public marketplace," he added.

The high-profile challenge is reminiscent of a Supreme Court case that also came out of Colorado years ago, when baker Jack Phillips refused to create a wedding cake for a same-sex couple because of his religious beliefs. The justices in 2018 narrowly ruled in favor of Phillips, but failed to confront the free speech issues that are at stake now. 

"It's certainly been a rollercoaster of a ride, but what I'm standing to protect is the right for all to speak freely, whether your views on marriage are similar to mine or different," Smith told Insider. "That right to speak freely and to live and work consistently with our own beliefs is essential to a free society."

The Supreme Court is expected to hand down its decision in the case, 303 Creative LLC v. Elenis, by June.
Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Apple warns against drying iPhones with rice
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
The President of Argentina Javier Mile does not fly private, he flies commercial, with the citizens he represents. And they LOVE him for it.
Bitcoin Reaches $50,000 for First Time in Over Two Years
Belo Horizonte: Brazil's Rising Carnival Hotspot for 2024
In El Salvador, the 'Trump of Latin America' stuns the world with a speech slamming woke policing after winning a landslide election
Tucker’s interview with Putin is over 50M views on X within the first 5 hours.
Finnish Airline, Finnair, is voluntarily weighing passengers to better estimate flight cargo weight
President Nayib Bukele has proudly announced El Salvador's remarkable achievement of becoming the safest nation in the Western Hemisphere.
Former Chilean President Sebastian Piñera Dies in Helicopter Crash
This farmer seems to understand science a bit more than the event organizer, Klaus Schwab.
Facebook turns 20: From Mark Zuckerberg's dormitory to a $1trn company
The Coolest Dictator in the World" on the Path to Victory in El Salvador
Macron, France and fake news
Indian-Origin Man 'King' Arrested For Smuggling $16 Million Drugs Into US
Can someone teach Americans that not every person with slanted eyes is Chinese?
Europe's Farmers Feeding the People, Protesting Against Politicians Who Do Nothing for Their Country and Serve Only Themselves at Taxpayers' Expense
Paris Restaurant That Inspired 'Ratatouille' Loses $1.6 Million Worth Of Wine
Brazilian Police Investigate Bolsonaro's Son for Alleged Illegal Spying
Police in Brazil Raid Residence of Bolsonaro Associate Over Allegations of Illegal Spying
Border Dispute Escalates as Texas Governor Vows Increased Razor Wire
OpenAI Enhances ChatGPT-4 Model, Potentially Addressing AI "Laziness" Issue
The NSA finally acknowledges spying on Americans by acquiring sensitive data
Report Reveals Toxic Telegram Group Generating X-Rated AI-Generated Fake Images of Taylor Swift
US Border Patrol States 'No Plans' to Remove Razor Wire Installed in Texas
Bitcoin Experiences Approximately 20% Decline in Value
Klaus Schwab recently appointed himself as the Earth's "trustee of the future."
DeSantis Drops Out, Endorses Trump.
Nikki Haley said former President Trump is "just not at the same level" of mental fitness as he was while president in 2016.
Residents of a southern Mexican town set the government palace on fire in response to the police killing of a young man
Samsung Launches AI-Driven Galaxy S24, Ushering in New Smartphone Era
Judge Questions SEC's Regulatory Overreach in Coinbase Lawsuit
The Ecuador prosecutor who was investigating the television studio attack, has been assassinated.
Is artificial intelligence the solution to cyber security threats?
Vivek Ramaswamy suspends his US election campaign and endorses Trump.
Viral Satire: A Staged Satirical Clip Mistaken as Real Footage from the 2024 World Economic Forum in Davos
The AI Revolution in the Workforce: CEOs at Davos Predict Major Job Cuts in 2024
Ecuador Reports 178 Hostages in Prison Gang Standoff
The Startling Cuban Espionage Case That Has Rattled the US Government
Two Armed Men in Ecuador, Dressed as Batman and The Joker Storm the Streets.
Armed Gang Raids Ecuadorian TV Station Following State of Emergency Declaration
Anti-Democratic Canada: Journalist Arrested for Questioning Canadian Finance Minister on Support of Terrorist Group
Ecuador's 'Most-Wanted' Criminal Vanishes from Prison
Mexican Cartel Supplied Wi-Fi to Locals Under Threat of Fatal Consequences for Non-Compliance
Border Surge Leads to Over 11,000 Migrants Waiting in Northern Mexico
Outsider Candidates Triumph in Latin American Elections
As Argentina Goes to the Polls, Will the Proposal to Replace the Peso with the Dollar Secure Votes?
Fatal Shark Attack Claims Life of Boston Woman Paddleboarding Near Bahamas Resort, According to Police
×