In a landmark First Amendment decision, the Supreme Court affirmed that a website designer cannot be compelled by government to create a website that is an affront to her values.
In 303 Creative LLC et Al v. Elenis Et Al, the Supreme Court ruled that the right to free speech bars Colorado from using a state law to force Lorrie Smith, a website designer, to create expressive products that are contrary to her beliefs.
"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," Justice Neil Gorsuch writes in the court’s ruling.
Since the wedding websites she creates “involve her speech,” she cannot be forced to make statements with which she disagrees, Gorsuch explains.
"As surely as Ms. Smith seeks to engage in protected First Amendment speech," Gorsuch writes, "Colorado seeks to compel speech Ms. Smith does not wish to provide."
"Great SCOTUS win for Free Speech and the First Amendment! The Colorado web designer doesn't have to violate her religious beliefs," Media Research Center President Brent Bozell tweeted, reacting to the ruling.
In its published decision, the Supreme Court summarizes the basis of Smith's lawsuit:
"Lorie Smith wants to expand her graphic design business, 303 Creative LLC, to include services for couples seeking wedding websites. But Ms. Smith worries that Colorado will use the Colorado Anti-Discrimination Act to compel her—in violation of the First Amendment—to create websites celebrating marriages she does not endorse. To clarify her rights, Ms. Smith filed a lawsuit seeking an injunction to prevent the State from forcing her to create websites celebrating marriages that defy her belief that marriage should be reserved to unions between one man and one woman.
"CADA prohibits all “public accommodations” from denying “the full and equal enjoyment” of its goods and services to any customer based on his race, creed, disability, sexual orientation, or other statutorily enumerated trait. Colo. Rev. Stat. §24–34–601(2)(a). The law defines “public accommodation” broadly to include almost every public-facing business in the State. §24–34–601(1). Either state officials or private citizens may bring actions to enforce the law. §§24–34–306, 24–34–602(1). And a variety of penalties can follow any violation."