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Supreme Court rules in favor of Christian web designer who refused to work on same-sex weddings

In a historical 6-3 decision, the Court said Lorie Smith, as a creative professional, has a First Amendment free speech right to decline to engage in speech with which she disagreed

Lorie Smith
Lorie Smith | ADF

June 30, 2023 11:00am

Updated: June 30, 2023 11:27am

The U.S. Supreme Court ruled on Friday that an evangelical Christian web designer had the right to refuse to work on online, same-sex weddings.

In a historical 6-3 decision, the Court said Lorie Smith, as a creative professional, has a First Amendment free speech right to decline to engage in speech with which she disagreed. 

The Court’s result means that the State of Colorado cannot punish Smith under its anti-discrimination law  as a result of her refusal to design websites for gay couples.

Associate Justice Neil Gorsuch wrote the majority opinion, which ruled, “In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance.”

“But, as this Court has long held, the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong,” Gorsuch argued. 

“But tolerance, not coercion, is our Nation’s answer. 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. Because Colorado seeks to deny that promise, the judgment is reversed,” he wrote.

In her initial lawsuit for declaratory relief, Smith argued the Colorado law violated her First Amendment rights by forcing her to engage in messaging that was inconsistent with her religious beliefs.

The case, 303 Creative LLC v. Elenis, garnered national attention since it balanced the interests of the First Amendment right to free speech against purported discrimination against the LGBTQ community.

The statute at issue, known as the Colorado Anti-Discrimination Act (CADA), banned businesses providing sales or services to the publics from refusing services to someone based on their identity.

CADA advocates have argued that the law is necessary to keep businesses from discriminating. 

The petitioner however, has insisted she has no problem working with the LGBTQ community, just not for gay weddings since the premise violated her Christian faith.

“I think it’s important for people to understand that I love and welcome the opportunity to work with all people. My case has never been about choosing which client to work with, but about choosing the message that I’m being asked to promote,” Smith told Fox News last year.

Smith has said that she faced threats throughout the duration of her case.

“I’ve had my home address put on social media, I have received many threats — death threats, threats of bodily harm,” she said in December. "The security system on my home, my child’s school has been on alert. I’ve lost business, my clients have been harassed and my website… people attempt to hack into it, almost regularly by the hour.”

Despite this, Smith said she was determined to go through with the case.

“The right to speak freely is guaranteed to all of us, and that’s been hard at times,” she said. “While it has come at a cost, it’s a right worth protecting.”

This is the second time the Supreme Court has reviewed an issue surrounding CADA. In 2018, bakery Masterpiece Cakeshop emerged victorious after shop owner Jack Phillips declined to create cakes for gay weddings.