When the Supreme Court convenes for oral arguments Monday, it will again be confronted with a dispute pitting the First Amendment right to free speech against LGBTQ+ rights.
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's case, known as 303 Creative LLC v. Elenis, could now be the vehicle for addressing that issue. "What's unfortunate is that what I'm asking the court to protect is the right for all to speak freely," Smith said."This not only protects me, it protects the LGBT web designer who shouldn't be forced to communicate messages that go against their deeply held beliefs, and the right to speak freely is guaranteed to all of us."
Smith appealed to the Supreme Court in September 2021, asking the justices to decide whether applying an anti-discrimination law like Colorado's to compel an artist to speak, contrary to their religious beliefs, violates the free speech or free exercise clauses of the First Amendment. Waggoner, who also argued Phillips' case five years ago, noted that public accommodation laws and the First Amendment have"coexisted for many years," with the rights of speakers have been protected. supporting Smith, telling the court that their interpretation of public accommodation laws demonstrates how to strike a balance between protecting artists' speech by allowing message-based objections and preventing discrimination in the marketplace.
The Biden administration is backing Colorado in the dispute and told the Supreme Court that the First Amendment does not entitle Smith to a categorical exemption from a law protecting from discrimination.
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