Login | July 11, 2023 University of Nebraska-Lincoln (THE CONVERSATION) Does a Colorado designer’s belief that marriage is between one man and one woman merit an exemption to state law barring discrimination against LGBTQ+ people? On June 30, 2023, the Supreme Court decided 6-3 that the answer is yes: Requiring a conservative Christian business owner to create wedding websites for gay couples would violate the free speech clause of the First Amendment. Creating a website constitutes an "expressive activity" protected by the First Amendment, Justice Neil Gorsuch wrote in the majority opinion, and Colorado’s anti-discrimination law would "compel an individual to create speech she does not believe." Thus, designer Lorie Smith has the right to follow "her conscience about a matter of major significance" and refuse her services for same-sex weddings. 303 Creative v. Elenis is the latest of a trio of Supreme Court cases where conservative Christian plaintiffs have argued that they should have the constitutionally protected right to refuse service to LGBTQ+ people. In 2018, it was a Colorado baker refusing to bake a cake for a gay wedding. In 2021, it was a Catholic adoption agency arguing it should not be forced to place foster children […]
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