On February 22, the Supreme Court agreed to hear 303 Creative LLC v. Elenis, a case involving a Christian website designer’s refusal, in the face of Colorado’s Anti-Discrimination Act (CADA), to create websites that celebrate same-sex weddings. In doing so, the Court has the opportunity to place in proper order two legal guarantees: protection against government-compelled speech and anti-discrimination on the basis of sexual orientation.
Lorie Smith of Littleton, Colorado, designs custom websites under a single-member limited-liability company called 303 Creative. The record makes clear, and the state does not contest, that Smith “will gladly create custom graphics and websites for gay, lesbian, or bisexual clients.” She intends (but has not yet begun) to expand her business into unique websites that celebrate weddings. Herein lies the problem.
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