A simmering, difficult, and timely question returns to the Supreme Court this fall: What happens when freedom of speech and civil rights collide?
Same-sex wedding cakes wound up at the Supreme Court – now, it's wedding websites' turn. S_nke Bullerdiek/EyeEm via Getty Images
Freedom to speak – or stay silentGraphic artist Lorie Smith is the founder and owner of a studio called 303 Creative. According to court documents, Smith is generally willing to serve LGBT clients. However, she intends to begin designing wedding websites and is unwilling to create them for same-sex couples, saying it would go against her Christian beliefs.
Through her attorneys, Smith also maintained that requiring her to create a website would violate her First Amendment right to the free exercise of religion. Smith appealed to the Supreme Court, which, in February 2022, agreed to hear her claim, limited to the issue of free speech, not freedom of religion. The question for the nine justices to decide will be “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.”
But the Supreme Court appeared skeptical that Colorado’s anti-discrimination act could survive this test, writing, “The Tenth Circuit applied strict scrutiny and astonishingly concluded that the government may, based on content and viewpoint, force Lorie to convey messages that violate her religious beliefs and restrict her from explaining her faith.”
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