Web designer Lorie Smith, plaintiff in a Supreme Court case who objects to same-sex marriage, poses for a portrait at her office in Littleton, Colorado, U.S., November 28, 2022.
Kevin Mohatt | Reuters
The Supreme Court on Friday ruled in favor of an evangelical Christian web designer from Colorado who refuses to work on same-sex weddings.
The justices, divided 6-3, said that Lorie Smith, as a creative professional, has a free speech right under the Constitution’s First Amendment to refuse to endorse messages she disagrees with. As a result, she cannot be punished under Colorado’s antidiscrimination law for refusing to design websites for gay couples, the court said.
The ruling could allow other similar business owners to evade punishment under laws in 29 states that protect LGBTQ rights in public accommodations in some form. The remaining 21 states do not have laws explicitly protecting LGBTQ rights in public accommodations, although some local municipalities do.
“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,” Justice Neil Gorsuch wrote for the court.
Smith, who opposes same-sex marriage on religious grounds and runs a business designing websites, sued the state in 2016 because she said she would like to accept customers planning opposite-sex weddings but reject requests made by same-sex couples wanting the same service. She argued that as a creative professional she has a free speech right to refuse to undertake work that conflicts with her views.
Civil rights groups said Smith was asking the conservative-majority court for a “license to discriminate” that would gut public accommodation laws that require businesses to serve all customers.
December’s oral argument featured a colorful array of hypothetical questions as the justices wrestled with the potentially broad implications of the case. At one point, conservative Justice Samuel Alito questioning whether a “Black Santa” at a shopping mall would be obliged to take a picture with a child dressed up in a Ku Klux Klan outfit.
The case was the latest example of the conflict over the Supreme Court’s own 2015 ruling that legalized same-sex marriage, which conservative Christians oppose even as Congress has moved to enact a law with bipartisan support that bolsters protections for married same-sex couples.
Smith, whose business is called 303 Creative, told NBC News she has always been drawn to creative projects but also has strongly held beliefs that “marriage is between one man and one woman — and that union is significant.”
Smith sued the Colorado Civil Rights Commission and other state officials out of concern that she could be sanctioned under its antidiscrimination law that bars discrimination on the basis of sexual orientation in public accommodations, although she has not been sanctioned yet. Lower courts ruled against Smith, prompting her to appeal to the Supreme Court.
The case gave the court a second bite at a legal question it considered but never resolved when it ruled in a similar case in 2018 in favor of a Christian baker, also from Colorado, who refused to make a wedding cake for a gay couple. The court ruled then that the baker, Jack Phillips, did not receive a fair hearing before the state Civil Rights Commission because there was evidence of anti-religious bias.
State officials said in court papers that they had never investigated Smith and had no evidence that anyone had ever asked her to create a website for a same-sex wedding. Colorado Solicitor General Eric Olson wrote that there is a long tradition of public accommodations laws protecting the ability of all people to obtain goods and services.
Smith, like Phillips before her, is represented by Alliance Defending Freedom, a conservative Christian legal group, which has had success arguing religious rights cases at the Supreme Court in recent years.
The Supreme Court ruled on the baker case before the retirement of Justice Anthony Kennedy, who voted in favor of LGBTQ rights in key cases. Now, following three appointments made by then-President Donald Trump, the court has six conservative and three liberal justices.
Kennedy was in the majority when the court legalized gay marriage on a 5-4 vote. In another major victory for LGBTQ rights, the Supreme Court in 2020 — to the surprise of many court-watchers — ruled that a federal law that prohibits sex discrimination in employment protects LGBTQ employees.
A year later the court ruled in favor of an agency affiliated with the Catholic Church that the city of Philadelphia had barred from its foster care program because of the church’s opposition to same-sex marriage. In other cases in recent years the conservative majority has consistently backed religious rights.
