Supreme Court to Hear Case of Designer Who Won’t Create Gay Marriage Websites

According to the original complaint filed by the ADF, Smith argued that CADA violated her rights by declaring it illegal for her to refuse to design websites celebrating same-sex marriages.

“Solely because of Colorado law, Lorie and 303 Creative refrain from expressing their views on God’s purpose for marriage. [and] to offer their services to design, create and publish marriage websites expressing the desired message celebrating and promoting marriage as an institution between a man and a woman,” Smith’s complaint explains.

Represented by ADF, Smith challenged the law in the United States Court of Appeals for the Tenth Circuit in July 2021. Although the appeals court ruled against her, Chief Justice Timothy Tymkovich dissented. .

Tymkovich called the majority turnout “unprecedented” and said that “[t]he Constitution protects Mrs. Smith from the government telling her what to say.

Smith then appealed to the Supreme Court, which granted his petition for review in February.

ADF will argue Smith’s case in the Supreme Court this quarter on the grounds that Colorado law violates his freedom of speech.

CADA states that it is discriminatory and illegal for businesses to “publish, broadcast, broadcast, display, post or post any written, electronic or printed communication, notice or advertisement” that communicates that a person’s sponsorship is “undesirable , objectionable, unacceptable or undesirable” on the basis of sexual orientation or marital status.

“Our argument is that free speech is for everyone,” Sharp told CNA. “Nobody – no artist, no American – should ever be forced by the government to say something they don’t believe in.”

“In Lorie’s case, the state of Colorado is abusing its law to force her to speak messages she disagrees with regarding marriage. Lorie has long served everyone, from people from all walks of life and from all walks of life. But she doesn’t create all the messages,” Sharp said.

“What she is looking for is the freedom to be able to create custom graphic design websites that celebrate weddings in line with her vision for marriage,” he added.

Parallels to Cake Case Could Help Jack Phillips

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Smith’s case closely resembles the well-known Masterpiece Cakeshop case in which Colorado baker Jack Phillips was sued by a same-sex couple for refusing to bake a cake celebrating their union.

After the couple sued Phillips for discrimination, ADF represented him in state court. The battle eventually went to the Supreme Court, which voted in favor of Phillips in a 7-2 decision.

However, Sharp says the ruling failed to address the issue at the heart of the case.

Sharp explained that several Colorado commissioners and government officials likened Phillips’ religious beliefs about marriage “to being no different from those that justified the Holocaust,” which prompted the Supreme Court’s justification.

“When the Supreme Court ruled for Masterpiece Cakeshop and Jack Phillips, it focused on the hostility the state of Colorado showed toward Phillips’ beliefs about marriage, particularly during the hearings,” he said. -he declares.

In the court’s view, Judge Anthony Kennedy wrote that the “Commission’s handling of Phillips’ case…showed elements of a clear and impermissible hostility to the sincere religious beliefs motivating its objection.”

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