The Supreme Court issued a landmark ruling in a case involving LGBTQ non-discrimination and First Amendment rights. In a 6-3 vote, the court decided that a Colorado graphic designer, Lorie Smith, who specializes in constructing wedding websites, cannot be compelled to create them for same-sex marriages.
Smith had sued the state under Colorado’s anti-discrimination law, which prohibits companies from discriminating against customers based on their sexual orientation. The state’s highest court, however, ruled in favor of Smith, with Justice Neil Gorsuch authoring the majority opinion.
The majority judgment emphasized the importance of individual freedom of expression, stating that Colorado cannot force someone to speak in a manner that contradicts their deeply held beliefs. Justice Gorsuch concluded that tolerance, not coercion, is the way forward for the country, citing the First Amendment’s protection of the right to freely express ideas and opinions without government interference.
The ruling overturns a lower court decision that went against Smith, who argued that the legislation violated her First Amendment rights by compelling her to advocate for views that conflicted with her religious beliefs.
The majority opinion raised concerns about the government’s power to compel speech, suggesting that if Colorado’s logic were taken seriously, it could force artists, speechwriters, and others involved in speech-related services to express messages they disagree with, infringing on their freedom of expression.
The case, 303 Creative LLC v. Elenis, drew widespread attention due to the clash between free speech rights and protections for the LGBTQ community. Advocates of Colorado’s anti-discrimination law argue that it is crucial for preventing discrimination in the workplace.
Smith expressed appreciation for collaboration with people from all backgrounds, clarifying that her objection was not about selecting clients but rather promoting messages that conflicted with her beliefs.
Kristen Waggoner, the attorney representing Smith, stated that the ruling confirms that nondiscrimination laws remain intact and that the government does not need to compel speech to ensure access to goods and services. She argued that defending freedom for oneself requires defending it for others, including an LGBT graphic designer who should not be punished for refusing to criticize same-sex marriage.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented from the majority opinion, arguing that the ruling establishes a license to discriminate and perpetuates second-class status for gays and lesbians.
Smith revealed that she faced death threats during the course of the lawsuit, but she stands by her decision to fight for the right to free speech. This is the second time the Supreme Court has dealt with a case involving Colorado’s anti-discrimination law, following the 2018 Masterpiece Cakeshop case, where the court found anti-religious bias in the enforcement of the law but did not rule on its constitutionality.