Supreme Court rules in favor of Christian web designer who refuses to work with gay couples
Sun. July 2, 2023 8:42 AM by Carlos Santoscoy
photo credit // unsplash.com
The Supreme Court on Friday ended its yearly term with a decision that critics say undermines LGBTQ protections laws.
In 303 Creative LLC v. Elenis, the high court ruled 6-3 in favor of Lorie Smith, the Christian owner of 303 Creative, who challenged a Colorado law prohibiting discrimination based on sexual orientation and gender identity, among other characteristics.
Smith, who is represented by the Alliance Defending Freedom (ADF), an Arizona-based group opposed to LGBTQ rights, argued in her lawsuit that the law stifles her free speech rights because it would force her to create wedding websites for gay and lesbian couples. Smith has yet to create such websites and has not been asked to by a gay couple.
Smith argued that creating wedding websites for gay couples would violate her Christian beliefs.
In its decision written by Justice Neil Gorsuch, the court said that the First Amendment "envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands."
The court's liberal justices disagreed, warning that the ruling will open the door to widespread discrimination.
"Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class," Justice Sonia Sotomayor wrote in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson.
"Today is a sad day in American constitutional law and in the lives of LGBT people," she wrote. "[T]he immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status."
President Joe Biden, a strong supporter of LGBTQ rights, called the ruling "disappointing," adding that it "weakens long-standing laws that protect all Americans against discrimination in public accommodations – including people of color, people with disabilities, people of faith, and women."
In 303 Creative LLC v. Elenis, the high court ruled 6-3 in favor of Lorie Smith, the Christian owner of 303 Creative, who challenged a Colorado law prohibiting discrimination based on sexual orientation and gender identity, among other characteristics.
Smith, who is represented by the Alliance Defending Freedom (ADF), an Arizona-based group opposed to LGBTQ rights, argued in her lawsuit that the law stifles her free speech rights because it would force her to create wedding websites for gay and lesbian couples. Smith has yet to create such websites and has not been asked to by a gay couple.
Smith argued that creating wedding websites for gay couples would violate her Christian beliefs.
In its decision written by Justice Neil Gorsuch, the court said that the First Amendment "envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands."
The court's liberal justices disagreed, warning that the ruling will open the door to widespread discrimination.
"Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class," Justice Sonia Sotomayor wrote in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson.
"Today is a sad day in American constitutional law and in the lives of LGBT people," she wrote. "[T]he immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status."
President Joe Biden, a strong supporter of LGBTQ rights, called the ruling "disappointing," adding that it "weakens long-standing laws that protect all Americans against discrimination in public accommodations – including people of color, people with disabilities, people of faith, and women."
This article appeared at On Top Magazine and has been published here with permission.