First it was wedding cakes, and now it’s wedding websites. Conservatives who oppose same-sex marriage are testing the line between religious freedom and unlawful discrimination. Looking for a federal law to be declared unconstitutional? Religion may well be your best bet — and that’s true regardless of how “real” your religious beliefs are. That’s part of the thinking behind one case the Supreme Court heard this session and will resolve soon. In 303 Creative vs. Elenis, the court is considering the constitutionality of a Colorado statute prohibiting most businesses from discriminating against LGBTQ+ customers. Lori Smith, a Christian webpage designer, had wanted to expand into the wedding website business — but only for opposite-sex couples, a plan that would have violated the Colorado law at issue. Her lawyers made the case on free speech grounds, but given Smith’s religious beliefs, “religious freedom” represents an undeniable backdrop to the suit. The 303 Creative case is no outlier. Religion-based claims have proliferated in recent years, and plaintiffs have often won because courts have almost invariably found their religious beliefs to be sincerely held. Meanwhile, the burden of proof for the government — that it is not unduly interfering in religious practice […]
