Monday, December 05, 2022

Supreme Court again confronts case pitting free speech against LGBTQ rights


When the Supreme Court convenes for oral arguments Monday, it will be confronted with an issue it has been asked to resolve before in court fights involving bakers, a florist, and now, a web designer.

And with the latest case before it, brought by graphic designer Lorie Smith, Colorado is once again the battleground in a dispute pitting the First Amendment right to free speech against LGBTQ rights.

Smith, like bakers Jack Phillips and Aaron and Melissa Klein, and florist Barronelle Stutzman before her, is a Christian business owner who says her religious beliefs prevent her from creating custom websites for a same-sex wedding. But her refusal could violate Colorado's public accommodation law, which prohibits businesses open to the public from refusing service because of sexual orientation and announcing their intent to do so.

Smith argues the law violates her First Amendment rights, saying the state is forcing her to express a message she disagrees with.

"If the government can censor and compel my speech, it can censor and compel anybody's speech," she told CBS News. "We should all be free to live and work consistently with our deeply held beliefs."

The Supreme Court was last confronted with a case sitting at the crossroads of the First Amendment and LGBTQ rights in 2018, in a dispute involving Phillips, who refused to make a cake for a same-sex wedding a decade ago. The baker, who owns Masterpiece Cakeshop in Lakewood, Colorado, argued the state's public accommodation law requiring him to create a cake for a same-sex wedding would violate his right to free speech and religious freedom.

The Supreme Court ruled narrowly for Phillips, finding the Colorado Civil Rights Commission acted with hostility toward his sincere religious beliefs. But it left unanswered the question of whether states like Colorado can, in applying their anti-discrimination laws, compel an artist to express a message they disagree with.

Smith's case, known as 303 Creative LLC v. Elenis, could now be the vehicle for addressing that issue.

"Nobody should be forced to create artwork, custom expression, that goes against the core of who they are and what they believe. And that's what Colorado is doing," she said.

https://www.cbsnews.com/live-updates/supreme-court-lorie-smith-303-creative-first-amendment-free-speech-against-lgbtq-rights/

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