US Supreme Court considers whether Colorado authorities can compel businesses to serve LGBT clients under anti-discrimination law News
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US Supreme Court considers whether Colorado authorities can compel businesses to serve LGBT clients under anti-discrimination law

The US Supreme Court Monday heard oral arguments in 303 Creative LLC v. Elenis. The Court will decide whether Colorado’s Antidiscrimination Act compels an artist to speak or stay silent and whether the law violates the First Amendment.

Lorie Smith, the owner of 303 Creative, wishes to design wedding websites but would like to post a disclaimer on her website that she will not design websites for same-sex weddings because of her beliefs. Colorado’s Antidiscrimination Act prohibits public businesses from discriminating on the basis of sexual orientation and prohibits a business from publishing any statement that says a person’s patronage is not welcome because of their sexual orientation.

During oral arguments, lawyers for Colorado noted that no one requested the company to make a website that went against Smith’s beliefs. Rather, Smith “sued seeking a broad declaration that the Act violates the Company’s free speech and free exercise rights under the First Amendment.” Lawyers for the state argued:

The company can choose to sell websites that only feature biblical quotes describing a marriage as between a man and a woman, just like a Christmas store can choose to sell only Christmas-related items. The company just cannot refuse to serve gay couples, as it seeks to do here, just as the Christmas store cannot announce no Jews allowed.

Smith argued that the law forces her to utter speech she otherwise would not, and therefore it violates her First Amendment rights. Justice Sonia Sotomayor questioned whether, under Smith’s logic, a designer could say “I choose to serve whom I want. If I disagree with their personal characteristics, like race or disability, I can choose not to sell to those people.”

Civil rights organizations like the ACLU and the ACLU of Colorado have urged the court not to weaken anti-discrimination laws.