The battle between discrimination laws and free speech will reach the Supreme Court next term in a case involving a website designer who doesn’t want to create wedding websites involving same-sex marriages, the justices announced Tuesday.
Lorie Smith, owner of 303 Creative, petitioned the high court to hear her case against the Colorado Anti-Discrimination Act. She said the law forces her to create websites that celebrate same-sex marriages in violation of her faith.
Under the law, Ms. Smith claims she is unable to make a statement on her website about her view that marriage is only between a man and a woman.
A federal appeals court ruled against Ms. Smith, saying the state of Colorado can regulate a business’s speech because it has an interest in ensuring equal access to all.
The justices will likely hear the case during its next term, which begins in October.
At least four justices voted to review the lower court’s ruling.
Kristen Waggoner, an attorney for Alliance Defending Freedom, representing Ms. Smith, said the case illustrates how important the First Amendment is for democracy.
“Free speech allows all of us to promote and explore ideas…without it, it is the state that decides what is truth,” she said. “The Supreme Court must protect speech now.”
Ms. Smith said she loves using her talents to shape messages for her clients — so long as the messages do not violate her values.
“I can’t create a site that would celebrate views contrary to my beliefs,” Ms. Smith said.
But Colorado Attorney General Phil Weiser insists companies cannot discriminate.
“The U.S. Supreme Court has consistently held that anti-discrimination laws, like Colorado’s, apply to all businesses selling goods and services. Companies cannot turn away LGBTQ customers just because of who they are. We will vigorously defend Colorado’s laws, which protect all Coloradans by preventing discrimination and upholding free speech,” he said.
A date for oral arguments in the legal battle has not yet been scheduled.
In 2018, the justices sided with a Christian baker in the case Masterpiece Cakeshop v. Colorado Civil Rights Commission, saying the state did not give him a fair hearing when he refused to create a custom wedding cake for a same-sex couple based on his religious beliefs.
The high court in that dispute addressed free exercise of religion — not free speech rights.
“This will be the court’s opportunity to address it in that context,” Ms. Waggoner said of Ms. Smith’s lawsuit.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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