The Easy-to-Miss Twist That Makes the Supreme Court's New Gay Rights Case So Strange

[marmar]

The Easy-to-Miss Twist That Makes the Supreme Court’s New Gay Rights Case So Strange
A graphic designer refuses to make custom websites for same-sex weddings. Colorado says that’s fine.

BY MARK JOSEPH STERN
DEC 05, 20226:15 PM


(Slate) When you first hear the facts of 303 Creative v. Elenis, you may be stirred to sympathy toward the plaintiff. According to her lawyers at Alliance Defending Freedom, Lorie Smith is just a humble website designer trying to make a living in accordance with her Christian beliefs. That means she must respectfully decline to create a wedding website for any same-sex couple, as such unions contradict her faith. Intolerant bureaucrats in Colorado are threatening to punish her for these deeply held beliefs. And so she has reluctantly asked the Supreme Court to shield her from this persecution.

That’s the story that ADF told the Supreme Court on Monday during oral arguments in 303 Creative. It’s the story that the court probably will adopt if it sides with Lorie Smith, as it very likely will. But it bears, at best, only a passing resemblance to the truth.

The true origin story of 303 Creative is much less sympathetic than the lawyer-crafted narrative. Before this litigation, Lorie Smith appeared to be a normal website designer who advertised her services to all potential customers. In 2016, after ADF took her on as a client, she rebranded as a conservative Christian who channeled her faith in God through her work. Indeed, her revamped website included language seemingly finessed to transform her into a First Amendment test case, explaining that her “expressive content … communicate[s] ideas or messages.” Also worth noting: No same-sex couple has ever asked Smith to make them a wedding website; in fact, she has never made a wedding website for anyone. Her work to date focuses on local politicians, dog breeders, contractors, and houses of worship—not celebrations of life events. Nonetheless, ADF sued Colorado on Smith’s behalf in 2016, challenging a state law that bars anti-gay discrimination in public accommodations. Smith one day might be asked to make a same-sex couple’s website, ADF asserted. And when that day comes, she wants the right to say no.

303 Creative was one of many cases that ADF took on after 2016 to undermine LGBTQ non-discrimination laws. The organization was trying to argue that these laws violate the First Amendment, at least when applied to wedding goods and services. One such case, Masterpiece Cakeshop, reached the Supreme Court—but it was not resolved on the merits in the way ADF preferred. Instead, the justices got tripped up on the question of whether baking a cake constituted free speech, and decided it on other grounds. Others involved similar gray areas—a florist, a photographer—and fizzled out in lower court. 303 Creative had the benefit of involving “pure speech” rather than what lawyers call “expressive conduct” (like making a floral arrangement). ADF wanted this as a black-and-white dispute about Colorado compelling Smith to express a message in support of same-sex marriage that infringes on her conscience. ..........(more)

https://slate.com/news-and-politics/2022/12/303-creative-gay-rights-free-speech-supreme-court.html

[Marthe48]

1. A new religion is born

Followers name Jesus as their God, make up shit they say is from the Christian Bible, but is actually just shit to feed their devilish, soulless drive to kill off everyone that doesn't look like them, act like them, think like them.

[I_UndergroundPanther]

2. This☝️

[JHB]

4. I'm not so sure that's a new one.

A lot of history says that's an "in practice" version vs the "in theory" version.

[Mr.Bill]

3. Smells like self-promotion to me.

I bet she runs for some office in the future.

[UTUSN]

5. K&R - what happened to that "religious" coach in Bremerton WA who won prayers then disappeared

Not "disappeared" by us, never claimed his victory/job.