The US Supreme Court has ruled in favor of a Christian graphic-designer, Lorie Smith, who refused to provide services to same-sex couples based on religious beliefs.
The court, with a 6-3 majority, concluded that a Colorado law preventing discrimination based on sexual orientation, race, gender, and other characteristics infringed upon Smith’s right to free speech.
The Supreme Court’s decision has sparked controversy, as it now grants businesses the ability to discriminate against gay people. Smith argued that forcing artists to work on projects conflicting with their beliefs would undermine their artistic expression, affecting various creative professions such as painters, photographers, writers, and musicians.
Colorado state law explicitly prohibits businesses that are open to the public from denying service based on sexual orientation. However, the Supreme Court’s ruling establishes that artists cannot be compelled to convey messages contradictory to their religious convictions.
Smith operates a business called 303 Creative, specializing in custom web designs. While her services encompassed various projects, she refused to provide services for same-sex weddings.
Kristen Waggoner, Smith’s lawyer, commended the Supreme Court for upholding the principle that the government cannot coerce individuals into expressing views they disagree with. She stated, “Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it.”
Conservative Justice Neil Gorsuch, who authored the majority opinion, argued that Colorado’s law would oblige Smith to create speech that contradicted her beliefs, a violation of the First Amendment. Gorsuch emphasized the importance of preserving freedom of thought and expression, stating, “The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.”
However, the court’s three liberal justices dissented. Justice Sonia Sotomayor expressed concern over the decision, remarking that it grants businesses a constitutional right to refuse service to members of protected classes. Sotomayor criticized the ruling for perpetuating discrimination against same-sex couples, further marginalizing them.
The court’s ruling comes at a time when Republican legislators in conservative-leaning states are actively pursuing laws targeting the rights of transgender and other LGBTQ+ individuals.
The case presented a clash between the rights of LGBTQ+ individuals to access goods and services without discrimination and the free speech rights of artists like Smith, whose businesses serve the public.
President Joe Biden, a Democrat, condemned the ruling, emphasizing that no person should face discrimination based on their identity or whom they love. Biden expressed concerns that this decision could embolden further discrimination. He also noted that it weakens long-standing laws protecting Americans from discrimination in public accommodations, including people of color, people with disabilities, people of faith, and women.